Myron R. Struck and Thelma C. Struck - Page 14

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          day” to include partial days of travel in or on international               
          airspace, land, or waters from one foreign location to another              
          foreign location.  Therefore, a day involving travel in                     
          international waters between foreign locations in increments of             
          less than 24 hours is treated as a full day in a foreign country.           
          Sec. 1.911-2(d)(2) and (3), Income Tax Regs.                                
               If the second alternate requirement of section 911(d)(1) is            
          relied on (330 days of foreign physical presence) and if the                
          applicable period selected by a taxpayer to satisfy the 330 days            
          of foreign physical presence does not correspond to the                     
          taxpayer’s taxable year, the taxpayer may only exclude the lesser           
          of actual foreign income earned during the taxable year or a pro            
          rata portion of the maximum exclusion amount that corresponds to            
          the number of days of the applicable period that falls within the           
          taxpayer’s taxable year.  Sec. 1.911-3(d)(2) and (3), Income Tax            
          Regs.                                                                       
               Because we have found that petitioners were physically                 
          present in foreign countries for 330 days for 2001 (using an                
          applicable period of January 7, 2001, to January 6, 20027), and             


               7For 2001, petitioners have not specifically requested an              
          applicable period of Jan. 7, 2001, to Jan. 6, 2002.  However,               
          petitioners have requested that the Court determine the                     
          applicable period that will maximize petitioners’ exclusion.  We            
          agree with petitioners that generally we are not precluded from             
          identifying and utilizing an applicable period that allows a                
          taxpayer the maximum foreign earned income exclusion under the              
          physical presence requirement.                                              





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