Augustin B. Jombo - Page 9




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          D.   Whether Petitioner May Exclude His NYSL Winnings Because He            
               Was an Employee of the Nigerian Consulate General                      
               1.   The Vienna Convention on Diplomatic Relations of 1961             
                    and the Vienna Convention on Consular Relations of 1963           
               Petitioner contends that he may exclude $1,238,100 that he             
          received from the NYSL in 1996 under either the Vienna Convention           
          on Diplomatic Relations, April 18, 1961, 23 U.S.T. 3227,2 or the            
          Vienna Convention on Consular Relations, April 24, 1963, 21                 
          U.S.T. 77.3  We disagree.  Article 34 of the Vienna Convention on           
          Diplomatic Relations (article 34), supra, provides that                     
          diplomatic agents are exempt from all dues and taxes, except:               
                    (d) dues and taxes on private income having its                   
               source in the receiving State and capital taxes on                     
               investments made in commercial undertakings in the                     
               receiving State;                                                       
          Similarly, article 49(d) of the Vienna Convention on Consular               
          Relations (article 49), 21 U.S.T. at 108, provides that consular            
          officers and employees are exempt from all dues and taxes,                  
          except:                                                                     





               2  This was ratified by the U.S. Senate, Sept. 14, 1965;               
          ratification deposited, Nov. 13, 1972; entered into force for the           
          United States, Dec. 13, 1972, adopted by the Diplomatic Relations           
          Act of 1978, Pub. L. 95-393, 92 Stat. 808, currently codified at            
          22 U.S.C. sec. 254a (2000).                                                 
               3  This was ratified by the U.S. Senate, Oct. 22, 1969;                
          ratification deposited, Nov. 24, 1969; entered into force for the           
          United States, Dec. 24, 1969.                                               






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