L. Ben Smith & Carol Smith - Page 6

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               have been unable to obtain an answer from the I.R.S.                   
               On November 13, 2001, in response to Mr. Jordan’s letter to            
          President Bush, the IRS Center in Philadelphia, Pennsylvania,               
          sent a letter to Mr. Jordan (IRS November 13, 2001 letter to Mr.            
          Jordan) that was signed by David L. Medeck, who was identified in           
          that letter as “Field Director, Accounts Management”.  The IRS              
          November 13, 2001 letter to Mr. Jordan stated in pertinent part:            
               I am responding to your letter to President George W.                  
               Bush.  You asked about the Code of Federal Regulations                 
               (CFR) as it pertains to Johnston Island.                               
                  *       *       *       *       *       *       *                   
               I am enclosing 26 CFR 1.931-1.  These regulations are                  
               current as of October 24, 2001.                                        
          Attached to the IRS November 13, 2001 letter to Mr. Jordan was a            
          copy of section 1.931-1, Income Tax Regs., which the Department             
          of the Treasury (Treasury) promulgated under section 931 prior to           
          its amendment by section 1272(a) of the Tax Reform Act of 1986              
          (TRA 1986), Pub. L. 99-514, 100 Stat. 2593.4  (We shall refer to            
          section 931 prior to its amendment by the TRA 1986 as old section           
          931.)                                                                       
               On March 2, 2000, and March 6, 2002, respectively, peti-               
          tioner signed Form 1040, U.S. Individual Income Tax Return, for             
          each of their taxable years 1999 (1999 joint return) and 2001               




               4See infra note 8.                                                     





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