- 31 -                                         
          petitioners may not exclude any of that compensation under                  
          section 911(a).                                                             
          C.  Analysis                                                                
               We agree with respondent that under section 1.911-2(g) and             
          (h), Income Tax Regs., Johnston Island cannot constitute a                  
          foreign country for purposes of section 911 because the island              
          constitutes a possession under the sovereignty of the United                
          States.  Inasmuch as Johnston Island does not fall within the               
          definition of a foreign country, the compensation petitioners               
          earned on Johnston Island does not come within the definition of            
          “foreign earned income”, nor was their “tax home” in a foreign              
          country.  Sec. 911(b)(1)(A) and (d).  Consequently, petitioners             
          cannot satisfy the requirements for the exclusion from income               
          provided by section 911.                                                    
               We do not agree with petitioners that section 1.931-1(b)(2),           
          Income Tax Regs., nonetheless operates to provide them an                   
          exclusion from income under section 911.  Section 1.931-1(b)(2),            
          Income Tax Regs., was promulgated in 1960 by T.D. 6500.  See 25             
          Fed. Reg. 11402, 11951 (Nov. 26, 1960).  Subsequent amendments to           
          the regulations promulgated under section 931 did not change the            
          text of section 1.931-1(b)(2), Income Tax Regs.  See T.D. 7283,             
          38 Fed. Reg. 20823 (Aug. 3, 1973); T.D. 7385, 40 Fed. Reg. 50260            
          (Oct. 29, 1975).  At the time section 1.931-1(b)(2), Income Tax             
          Regs., was promulgated, section 911(a)(1) provided an exclusion             
Page:  Previous   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   NextLast modified: May 25, 2011