- 35 - Commissioner, 92 T.C. 1204, 1211-1213 (1989); Estate of Gunland v. Commissioner, 88 T.C. 1453, 1457 (1987). Included in those legislative regulations are the definition of “tax home” quoted supra note 19 and the definitions of “United States” and “foreign country” set forth in section 1.911-2(g) and (h), Income Tax Regs., and quoted supra p. 29. The regulations under section 911 promulgated in 1985 take priority over section 1.931-1(b)(2), Income Tax Regs., promulgated in 1960. The regulations under section 911 are not only later in time; they also are legislative regulations construing the very statute, i.e., section 911, that is in issue. By contrast, section 1.931-1(b)(2), Income Tax Regs., interprets old section 931, which ceased to apply to Johnston Island, and thus to petitioners’ situation, for tax years beginning after December 31, 1986. Accordingly, section 1.931-1(b)(2), Income Tax Regs., is obsolete to the extent it suggests a connection between sections 911 and 931. Thus, section 1.931-1(b)(2), Income Tax Regs., cannot operate to allow petitioners an exclusion from income under section 911 for any of the compensation they earned on Johnston Island during the years in issue. 21(...continued) Secretary's general authority to promulgate regulations set forth in section 7805. Faltesek v. Commissioner, 92 T.C. 1204, 1212 (1989).Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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