Andras Hautzinger - Page 6

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          old section 931 on which petitioner is relying provided that the            
          term “possession of the United States” included Johnston Island.5           
               Section 1272(a) of the TRA 1986 amended old section 931 to             
          exclude from income, in the case of an individual who is a bona             
          fide resident of a “specified possession” during the entire                 
          taxable year, gross income derived from sources within any such             
          “specified possession”.  Section 931, as amended by section                 
          1272(a) of the TRA 1986 and as in effect for the year at issue              
          here, defines the term “specified possession” to mean only Guam,            
          American Samoa, and the Northern Mariana Islands.  Sec. 931(c).             
               In Specking v. Commissioner, 117 T.C. 95 (2001), affd. sub             
          nom. Haessly v. Commissioner, __ Fed. Appx. __ (9th Cir., June              
          16, 2003), we addressed the precise argument under section 1.931-           
          1, Income Tax Regs., that petitioner advances in the instant                
          case.  We concluded in Specking:                                            
                    Petitioners’ reliance on section 1.931-1, Income                  
               Tax Regs., is misplaced.  The regulatory language on                   
               which petitioners rely defines the term “possession”                   
               for purposes of old section 931.  As we have concluded                 
               above, that provision no longer applies to petitioners.                
               Consequently, the regulatory provision also has no                     

               5Sec. 1.931-1, Income Tax Regs., provided in pertinent part:           
               � 1.931-1.  Citizens of the United States and domestic                 
               corporations deriving income from sources within a                     
               possession of the United States.--(a) Definitions.--                   
               (1) As used in section 931 and this section, the term                  
               “possession of the United States” includes American                    
               Samoa, Guam, Johnston Island, Midway Islands, the                      
               Panama Canal Zone, Puerto Rico, and Wake Island. * * *                 
               [Emphasis added.]                                                      





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