Joseph D. Specking, et al. - Page 34




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               Section 911(d)(9) authorizes the Secretary to prescribe                
          “necessary or appropriate regulations to carry out the purposes             
          of” section 911.20  Pursuant to that grant of authority, the                
          Treasury promulgated proposed regulations under section 911 in              
          1983 (see 48 Fed. Reg. 33007 (July 20, 1983)) and final                     
          regulations in 1985 (see T.D. 8006, 50 Fed. Reg. 2959 (Jan. 23,             
          1985)) that apply to the years in issue.  Those regulations are             
          legislative in character; therefore, they are entitled to greater           
          weight than interpretative regulations.21  See Faltesek v.                  


               19(...continued)                                                       
               (relating to travel expenses away from home).  Thus,                   
               under section 911, an individual’s tax home is                         
               considered to be located at his regular or principal                   
               (if more than one regular) place of business or, if the                
               individual has no regular or principal place of                        
               business because of the nature of the business, then at                
               his regular place of abode in a real and substantial                   
               sense.  An individual shall not, however, be considered                
               to have a tax home in a foreign country for any period                 
               for which the individual’s abode is in the United                      
               States.  Temporary presence of the individual in the                   
               United States does not necessarily mean that the                       
               individual’s abode is in the United States during that                 
               time.  Maintenance of a dwelling in the United States                  
               by an individual, whether or not that dwelling is used                 
               by the individual’s spouse and dependents, does not                    
               necessarily mean that the individual’s abode is in the                 
               United States.                                                         
               20Sec. 911(d)(9) originally was designated sec. 911(d)(7) in           
          sec. 111(a) of the Economic Recovery Tax Act of 1981, Pub. L. 97-           
          34, 95 Stat. 194.  It was redesignated sec. 911(d)(8) by sec.               
          101(c)(1) of the Technical Corrections Act of 1982, Pub. L. 97-             
          448, 96 Stat. 2366, and then further redesignated sec. 911(d)(9)            
          by sec. 1233(b) of TRA 1986, 100 Stat. 2564.                                
               21Furthermore, the regulations would be valid under the                
                                                             (continued...)           





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