L. Ben Smith & Carol Smith - Page 18

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               We conclude that petitioners’ arguments relating to (1) the            
          effective date of the amendment by the TRA 1986 of old section              
          931 and (2) the failure by the Treasury to amend or withdraw                
          section 1.931-1, Income Tax Regs., did not provide petitioners              
          with a reasonable basis in claiming the $99,980 exclusion of 2001           


               13(...continued)                                                       
          effective date of the amendment by TRA 1986 of old section 931,             
          the U.S. District Court stated:                                             
               the outdated Section 931 was no longer in the Internal                 
               Revenue Code in the 1994 to 1996 period.  Had Congress                 
               intended that the outdated Section 931 have continuing                 
               effect, it would have stated so in the amended Section                 
               931.                                                                   
          Farrell v. United States, 87 AFTR 2d 2001-1159, at 2001-1161 n.5,           
          2001-1 USTC par. 50,279, at 87,552 n.5.                                     
          In rejecting the argument of the taxpayers in Farrell that sec.             
          1.931-1, Income Tax Regs., promulgated under old section 931                
          allowed them to exclude the income earned while working on                  
          Johnston Island, the U.S. District Court stated:                            
                    Although Section 931 was amended, Regulation                      
               1.931-1 was not amended to reflect the changes made to                 
               Section 931.  See 10 United States Tax Reporter 9312                   
               (2000) (explanation of IRC section 931) (“Caution:  The                
               Treasury has not yet amended Reg section 1.931-1 to                    
               reflect changes made by P.L. 99-514”).  To read Regula-                
               tion 1.931-1 as including Johnston Island as a “speci-                 
               fied possession” for purposes of 26 U.S.C. section 931                 
               [(]1986) would be contrary to the plain intent of                      
               Congress, which is to allow income to be excluded from                 
               gross income for only Guam, American Samoa, and the                    
               Northern Mariana Islands.  Accordingly, this court does                
               not give any deference to the Treasury’s outdated                      
               interpretation of “possession” in Regulation 1.931-1.                  
               * * *                                                                  
          Farrell v. United States, 87 AFTR 2d 2001-1159, at 2001-1160 to             
          2001-1161, 2001-1 USTC par. 50,279, at 87,552.                              





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