John A. Francisco - Page 21




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          The Secretary could have proposed that change when section 1.863-           
          8, Proposed Income Tax Regs., was proposed.  We consider the                
          absence of proposed changes to section 1.863-6, Income Tax Regs.,           
          to be an indication that the Secretary intended section 1.863-6,            
          Income Tax Regs., not incorporate the rules of section 863(d)               
          relating to income earned from personal services performed in               
          international waters.                                                       
               4.   Whether Section 863(d) Violates the Anti-Discrimination           
                    Provisions of the 1986 TRA or Results in Discriminatory           
                    Treatment                                                         
               Petitioner points out that section 931 was amended in 1986             
          because (inter alia):                                                       
               [t]he possessions need tax systems that help them to                   
               pursue development policies and to exercise greater                    
               control over their own economic welfare.                               
          H. Rept. 99-426, supra at 485, 1986-3 C.B. (Vol. 2) at 485; S.              
          Rept. 99-313, supra at 478, 1986-3 C.B. (Vol. 3) at 478.                    
          Petitioner contends that it would be inconsistent for Congress to           
          give the possessions control over their economic welfare while              
          taking away their ability to tax their residents’ income earned             
          from personal services in international waters.  We disagree that           
          Congress intended to end all U.S. taxation of the income of                 
          residents of the possessions.  Congress made this clear in the              
          Senate report, which states:                                                
                    An individual who is a bona fide resident of Guam,                
               American Samoa, or the CNMI during the entire taxable                  
               year is subject to U.S. taxation in the same manner as                 
               a U.S. resident. * * *  Thus, even a bona fide resident                





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