Myron R. Struck and Thelma C. Struck - Page 18

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               The parties’ stipulation does not require a contrary result.           
          The parties’ stipulation only encompasses admissibility, not                
          correctness, of the exhibits admitted into evidence.                        
               Petitioners have established that they qualify for the                 
          exclusion for both 2001 and 2002:  (1) Petitioners had a foreign            
          tax home during the applicable periods, and (2) petitioners were            
          physically present in foreign countries for at least 330 days of            
          the applicable periods overlapping 2001 and 2002.                           
               In light of our resolution of the foreign earned income                
          issue in favor of petitioners, the section 6662 penalties                   
          determined by respondent are moot.                                          
               To reflect the foregoing,                                              

                                                Decision will be entered              
                                           under Rule 155.8                           












               8Because the applicable periods utilized in our opinion do             
          not correspond to petitioners’ taxable years, a pro rata                    
          adjustment to petitioners’ exclusions for foreign earned income             
          for 2001 and 2002 will need to be made under sec. 1.911-3(d),               
          Income Tax Regs.                                                            





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