John A. Francisco - Page 23




                                       - 23 -                                         
          substantially lessened because space and ocean income is included           
          in the separate foreign tax credit limitation for shipping                  
          income, secs. 904(d)(2)(D) and 954(f), flush language, and is               
          subject to U.S. tax under the subpart F rules, 1986 TRA sec.                
          1221(c)(2) (which amended the definition of foreign base company            
          shipping income under section 954(f) to include income from a               
          space or ocean activity (as defined in section 863(d)(2)).  Conf.           
          Rept. 99-841, supra, at II-600; General Explanation of the Tax              
          Reform Act of 1986, at 934 (J. Comm. Print 1987) (the 1986                  
          Bluebook).                                                                  
               5.   Whether Petitioner’s Income Was Fully or Partially                
                    Sourced in American Samoa                                         
               Petitioner performed services for the M/V Sea Encounter in             
          an American Samoan port or territorial waters 7 days in 1995, 10            
          days in 1996, and 11 days in 1997, and in international waters              
          208 days in 1995, 193 days in 1996, and 272 days in 1997.                   
          Respondent concedes that wages earned by petitioner while the M/V           
          Sea Encounter was in port in American Samoa or within its                   
          territorial waters are American Samoan source income, secs.                 
          861(a)(3), 862(a)(3), and that petitioner may exclude those                 
          amounts from income under section 931(a)(1).                                
               Petitioner contends that the services he performed in                  
          American Samoa were so substantial that, under the facts and                









Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011