- 26 - 6. Whether Petitioner’s Income Was Effectively Connected With a Trade or Business in American Samoa We next consider whether, as petitioner contends, his income is excludable from U.S. income on the grounds that it was effectively connected with a trade or business in American Samoa. As stated earlier, section 931(a)(2) provides that the income of an individual who resides in, for example, American Samoa, is excludable from U.S. income if it is “effectively connected with the conduct of a trade or business” in American Samoa. Petitioner contends that all his fishing-related income is effectively connected with the conduct of a trade or business in American Samoa because he performed substantial services in American Samoa (e.g., preparing the vessel before trips and unloading the catch afterwards) and that those services were a material factor in the production of his income. Under section 864(c), income can be “effectively connected with the conduct of a trade or business within the United States” if it is from “sources within”, or “sources without”, the United States. Sec. 864(c)(1)(A), (c)(4). In the absence of regulations under section 931(a)(2) defining the phrase “effectively connected with the conduct of a trade or business”, both parties refer to provisions governing whether income is effectively connected with a U.S. trade or business under section 864(c), and contend that application of those principles favors their respective position. We believe respondent has the betterPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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