Amaro A. Taibo - Page 8

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               On August 28, 2001, we decided Specking v. Commissioner,               
          117 T.C. 95 (2001), affd. sub nom. Haessly v. Commissioner, 68              
          Fed. Appx. 44 (9th Cir. 2003), affd. sub nom. Umbach v.                     
          Commissioner, 357 F.3d 1108 (10th Cir. 2003), representing a                
          consolidated group of cases involving three of the above                    
          petitions filed in the Tax Court.  In our decision in Specking v.           
          Commissioner, supra, we held that Johnston Island does not                  
          constitute a foreign country for purposes of section 911 and does           
          not constitute a specified possession for purposes of section               
          931.  We concluded that section 931 applies to income earned on             
          Johnston Island for years beginning after December 31, 1986, and,           
          therefore, that wages earned on Johnston Island constituted                 
          taxable income.                                                             
               Three months after Specking was decided by this Court, on              
          November 13, 2001, in response to a letter request from a                   
          Raytheon employee on Johnston Island, respondent mailed to the              
          employee a letter and a copy of section 1.931-1, Income Tax                 
          Regs., in which letter such regulation was described as “current            
          as of October 24, 2001”, and in which regulation Johnston Island            
          was listed as a possession.                                                 
               On November 30, 2001, after an audit of petitioner’s 2000              
          Federal income tax return, respondent mailed to petitioner a                
          letter notifying petitioner that the $185,048 in Raytheon wages             
          that petitioner received in 2000 constituted taxable income with            
          respect to which $54,139 in taxes was due.  This letter stated              




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