John A. Francisco - Page 1

                                   119 T.C. No. 20                                    

                               UNITED STATES TAX COURT                                

                          JOHN A. FRANCISCO, Petitioner v.                            
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 7670-00.               Filed December 19, 2002.             

                    Petitioner (P), a U.S. citizen residing in                        
               American Samoa, was employed as chief engineer of a                    
               fishing vessel that operated primarily in international                
               waters in 1995, 1996, and 1997.                                        
                    Sec. 931(a), I.R.C., provides that a resident of                  
               American Samoa may exclude income that is American                     
               Samoan source or effectively connected with a trade or                 
               business in American Samoa (American Samoan source or                  
               effectively connected income).  Sec. 931(d)(2), I.R.C.,                
               provides that the determination of whether income is                   
               excludable under sec. 931(a), I.R.C., shall be made                    
               under regulations prescribed by the Secretary.                         
                    Held:  American Samoan source or effectively                      
               connected income is excludable from U.S. income by sec.                
               931(a), I.R.C., even though the Secretary has not                      
               issued regulations under sec. 931(d)(2), I.R.C.                        

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