Amaro A. Taibo - Page 4

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          wages earned on Johnston Island also was challenged.  Umbach v.             
          Commissioner, docket No. 12348-99.                                          
               On July 30, 1999, petitioner filed an amended 1997 joint               
          Federal income tax return on which petitioner treated the                   
          $143,013 in Raytheon wages that he received in 1997 as nontaxable           
          income and on which petitioner claimed a refund of the $44,629 in           
          taxes that he paid relating thereto.                                        
               On August 31, 1999, yet another petition was filed in this             
          Court by another Raytheon employee who worked on Johnston Island            
          (third Raytheon employee) in which petition the taxability of               
          wages earned on Johnston Island again was challenged.  Haessly v.           
          Commissioner, docket No. 14496-99.                                          
               On September 28, 1999, respondent mailed to petitioner a               
          notice informing petitioner that respondent was formally                    
          disallowing petitioner’s claim for refund of the $44,629 in taxes           
          petitioner paid on his Raytheon wages earned in 1997.                       
          Respondent’s letter stated that “The Tax Reform Act of 1986 [Pub.           
          L. 99-514, sec. 1272, 100 Stat. 2085 (TRA 1986)] amended IRC 931.           
          Therefore, income from sources within the Johnston Islands does             
          not qualify for the possession exclusion.”2                                 
               On December 21, 1999, after an audit of petitioner’s 1998              
          Federal income tax return, respondent mailed to petitioner a                


               2  The record herein does not indicate whether petitioner              
          ever filed a refund suit in Federal district court with regard to           
          his disallowed 1997 claim for refund.                                       




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