Gary M. Dashiell and Frances J. Dashiell - Page 10

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          section 61.  Therefore, since section 61 is not one of the                  
          “operative sections” which require “specific” sourcing of items             
          of income, section 61 is not affected by section 1.861-8(f)(1),             
          Income Tax Regs.                                                            
               As the Court of Claims has explained:                                  

                    The determination of where income is derived or                   
               “sourced” is generally of no moment to either United                   
               States citizens or United States corporations, for such                
               persons are subject to tax under section 1 and section                 
               11, respectively, on their worldwide income.  * * *                    
               [Great-West Life Assur. Co. v. United States,                          
               230 Ct. Cl. 477, 482, 678 F.2d 180, 183 (1982).]                       

               Petitioners’ narrow reading of section 61, under which the             
          definition of income for purposes of section 61 would be limited            
          by the section 861 source-of-income rules, is without any legal             
          support and is erroneous.  Petitioners do not provide us with any           
          case citations or other legal authority that reads section 61 and           
          the source-of-income rules of sections 861-865 as they do.                  
               Again, the source-of-income rules of sections 861-865 and              
          the regulations under those sections are not definitional                   
          provisions that attempt to define income.  Rather, those source-            
          of-income rules simply distinguish between income that is earned            
          domestically and income that is earned overseas for purposes                
          primarily of calculating certain foreign tax credits to which               
          taxpayers who earn income from both domestic and overseas sources           
          may be entitled.                                                            






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