- 21 - 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 residentPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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