- 21 -
Gustafson v. Alloyd Co., 513 U.S. 561, 568 (1995); Brown v.
Gardner, 513 U.S. 115, 118 (1994).
For this case, the precise question at issue is whether the
amendments to old section 931 made by TRA 1986 section 1272(a)
were in effect during the years in issue as to residents of
Johnston Island. To resolve that question, we look first to the
statute itself. Chevron U.S.A. Inc. v. Natural Res. Def.
Council, Inc., supra. In particular, we look to TRA 1986
sections 1271, 1272, and 1277.16
TRA 1986 sections 1271, 1272, and 1277 are encompassed in
TRA 1986 Title XII--Foreign Tax Provisions, Subtitle G--Tax
Treatment of Possessions. TRA 1986 sections 1271 and 1272 are in
part I of subtitle G. Part I specifically addresses the
“Treatment of Guam, American Samoa, and the Northern Mariana
Islands”. TRA 1986 section 1271, see supra note 12, does not
appear in, or make any changes to, the Internal Revenue Code
(Code). Rather, that provision grants Guam, American Samoa, and
16TRA 1986 sec. 1273, in pt. I of subtit. G of tit. XII,
relates to the treatment of corporations organized in Guam,
American Samoa, and the CNMI. TRA 1986 secs. 1274 and 1275, in
pt. II of subtit. G, relate specifically to the Virgin Islands.
TRA 1986 sec. 1276, in pt. III of subtit. G, amends I.R.C. sec.
7654. Pub. L. 99-514, 100 Stat. 2599-2600. That section relates
to the “cover over” of income tax into the Treasury of a
“specified possession” (which for purposes of sec. 7654 is
defined to mean “Guam, American Samoa, the Northern Mariana
Islands, and the Virgin Islands”). Sec. 7654(b)(2). None of
those provisions are applicable to the issue involved in this
case.
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: May 25, 2011