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.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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