John Norman Favero and Patricia Carolyn Favero - Page 6




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               Likewise, Mr. Favero does not qualify for the foreign earned           
          income exclusion.  Section 911(a) provides that a qualified                 
          individual may exclude from gross income a certain amount of his            
          foreign earned income.  Sec. 911(b)(2)(A).  A qualified                     
          individual is an individual whose tax home is in a foreign                  
          country and who is either:  (1) A citizen of the United States              
          who establishes to the satisfaction of the Secretary that he has            
          been a bona fide resident of a foreign country or countries for             
          an uninterrupted period which includes an entire taxable year; or           
          (2) a citizen or resident of the United States who, during any              
          period of 12 consecutive months, is present in a foreign country            
          or countries during at least 330 full days in such period.  Sec.            
          911(d)(1).  An individual’s tax home for purposes of applying               
          section 911 is the same as an individual’s tax home for purposes            
          of section 162(a)(2), relating to traveling expenses while away             
          from home.  Sec. 911(d)(3).  An individual does not have a tax              
          home in a foreign country for any period for which his abode is             
          within the United States.  Id.  Petitioners have not provided any           
          evidence suggesting that Mr. Favero is a qualified individual or            
          that his wages during the years in issue constitute foreign                 
          earned income.  Petitioners, therefore, do not qualify for the              
          section 911(a) foreign earned income exclusion.                             
               With respect to the Schedule C deduction petitioners claimed           
          on their 1995 return for Mrs. Favero’s “cottage industries”,                






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