John A. Francisco - Page 22




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               of Guam, the CNMI, or American Samoa is required to                    
               file a U.S. return and to pay taxes on a net basis if                  
               he receives income from sources outside the three                      
               possessions (i.e., U.S. or foreign source income).                     
               * * *                                                                  
          S. Rept. 99-313, supra at 480-481, 1986-3 C.B. (Vol. 3) at 480-             
          481.                                                                        
               Section 1271(d) of the 1986 TRA provides that Guam, American           
          Samoa, and the CNMI may not enact any tax law that discriminates            
          against any U.S. person or any resident of any other possession.            
          Petitioner contends that treating income from personal services             
          earned by residents of the possessions as U.S. source income                
          under section 863(d) violates section 1271(d) of the 1986 TRA               
          because there are different classes of taxpayers within the                 
          possessions and there may be unintentional discrimination.  We              
          disagree because the provision petitioner cites applies to those            
          specified possessions, and not to the United States.                        
               Petitioner also asserts that a U.S. citizen who resides in             
          American Samoa can avoid sourcing income from the performance of            
          services in international waters in the United States by                    
          operating as a personal services corporation formed in American             
          Samoa because Congress exempted bona fide residents of the                  
          specified possessions from the treatment of subpart F for                   
          controlled foreign corporations.  Sec. 957(c)(2).                           
               Congress anticipated that problem in the 1986 TRA.  S. Rept.           
          99-313, supra at 358.  Congress stated that this problem was                






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