- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011