- 6 - 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”,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011