James A. Nielsen - Page 7




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          nonemployee compensation of $6,380.  The $6,380 represented the             
          value of the lodging furnished to petitioner.4                              
               Petitioner filed a Form 1040 for 2001.  On his return,                 
          petitioner listed his occupation as “computer operator”, and he             
          reported his wages as disclosed on his Form W-2 from Raytheon.              
          Petitioner did not, however, include in gross income the value of           
          the lodging furnished to him; rather, he attached to his return a           
          statement that was substantively identical to the statement that            
          he attached to his 2000 return.5                                            
          Notice of Deficiency                                                        
               In the notice of deficiency, respondent determined that                
          petitioner was not entitled to an exclusion under section 119 for           
          the value of the lodging furnished to him and that petitioner               



               4  See supra note 3.                                                   
               5  As previously stated, supra note 2, Pine Gap was                    
          authorized under a treaty between the United States and Australia           
          that “generally provides for establishing and operating a                   
          facility for general defense research”.  Hargrove v.                        
          Commissioner, supra at n.10.                                                
               [U]nder the treaty, contractors’ income shall be deemed                
               not to have been derived in Australia for Australian                   
               tax purposes as long as it is not exempt from and is                   
               subject to tax in the United States.  * * * If the                     
               lodging income were exempt from U.S. tax, this                         
               provision would entitle Australia to tax it instead.                   
          Id.  In the instant case, there is no suggestion whatsoever in              
          the record that petitioner filed Australian tax returns or paid             
          Australian tax on the value of his lodging in Alice Springs.  See           
          Rule 121(d).                                                                





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