- 9 - Income from Adjusted Year Wages other sources gross income 1995 $97,492 ($2,337) $95,155 1996 103,112 16 103,128 1997 100,659 133,363 134,022 1Included in income from other sources is $31,209 of Form W-2 wages earned by Alicia LePard. With the 1997 return, Umbach included a Form 2555 on which he claimed that he had foreign earned income of $100,659 relating to work performed on Johnston Island, of which $70,000 was an eligible “foreign earned income exclusion”. On or about October 7, 1997, Umbach filed a Form 1040X, for 1996 on which he claimed he was entitled to a refund of $18,802 because he could exclude $70,000 from gross income for that year because “UNDER SECTION 931 AND REGULATION 1.931-1 PERSONS EARNING INCOME FROM JOHNSTON ISLAND ARE CONSIDERED TO HAVE EARNED INCOME FROM A FOREIGN SOURCE WHICH CAN BE EXCLUDED AS FOREIGN INCOME.” On or about April 15, 1999, Umbach filed a Form 1040X for 1995 on which he claimed he was entitled to a refund of $18,262 because he could exclude $99,829 from gross income for that year since he was entitled to exclude earnings from his work on Johnston Island Atoll. Respondent issued refunds to Umbach for 1995 and 1996 in the amounts of $17,844 and $18,802, respectively. In notices of deficiency issued to Umbach for 1995 and 1996 on April 13, 1999, and to Umbach and Alicia Lepard Umbach for 1997 on June 9, 1999, respondent determined that Umbach was notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011