Ertan and Susan Eren - Page 8

                                                   -8-                                                     
            substantial portion of the compensation he received from FBO.                                  
            Respondent disallowed the claimed exclusion.                                                   
                  Petitioner also calculated self-employment tax on Form SE in                             
            the amount of $6,250.  Respondent concedes that petitioner is not                              
            liable for self-employment tax if we hold that he was an employee                              
            of FBO in 1989.                                                                                
                                      ULTIMATE FINDING OF FACT                                             
                  Petitioner was an FBO employee in 1989.                                                  
                                                 OPINION                                                   
                  At issue is the characterization for tax purposes of                                     
            petitioner's relationship with FBO during 1989.  Petitioner argues                             
            that his relationship with FBO in 1989 was that of an independent                              
            contractor and therefore petitioners are entitled to exclude                                   
            $70,000 of his 1989 income from FBO as "foreign earned income"                                 
            within the purview of section 911(b)(1)(B)(ii).  Respondent                                    
            contends that petitioner's relationship with FBO in 1989 was that                              
            of an employee and therefore petitioners are not entitled to the                               
            exclusion.                                                                                     
                  Section 911 provides in relevant part:                                                   
                         (a)  Exclusion from Gross Income.--At the election                                
                         of a qualified individual (made separately with                                   
                         respect to paragraphs (1) and (2)), there shall be                                
                         excluded from the gross income of such individual,                                
                         and exempt from taxation under this subtitle, for                                 
                         any taxable year--                                                                
                                     (1) the foreign earned income of                                      
                         such individual, and                                                              






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