Andras Hautzinger - Page 7

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               application to them and is obsolete as to petitioners.                 
          Id. at 110-111.                                                             
               We reject petitioner’s reliance on section 1.931-1, Income             
          Tax Regs., in the instant case for the same reasons we rejected             
          the taxpayers’ reliance on that regulation in Specking v. Commis-           
          sioner, supra.                                                              
               On the record before us, we find that for the year at issue            
          petitioner may not exclude under section 931 any of the wages               
          that he received from Raytheon during that year while he was                
          residing and working in Johnston Island.6  Specking v. Commis-              
          sioner, supra; see also Farrell v. United States, 313 F.3d 1214             
          (9th Cir. 2002).                                                            
               We turn now to the determination in the notice that peti-              
          tioner is liable for the year at issue for the accuracy-related             
          penalty under section 6662(a).  According to respondent, peti-              
          tioner is liable for that penalty because of negligence or                  


               6Petitioner does not rely on sec. 911 in support of his                
          position that his wage income for 1998 is excludable from his               
          gross income.  For the sake of completeness, respondent nonethe-            
          less argues on brief that sec. 911 does not entitle petitioner to           
          exclude his wages for 1998 from his gross income for that year.             
          We agree with respondent.  In Specking v. Commissioner, 117 T.C.            
          95, 111-116 (2001), affd. sub nom. Haessly v. Commissioner, __              
          Fed. Appx. __ (9th Cir., June 16, 2003), we rejected the                    
          taxpayers’ alternative argument that, in the event the Court were           
          to hold that their compensation was not excludable from gross               
          income under sec. 931, such compensation was excludable under               
          sec. 911.  For the reasons set forth in Specking, we conclude               
          that sec. 911 does not entitle petitioner to exclude from his               
          gross income for 1998 the wages that he received during that year           
          while he was residing and working in Johnston Island.  Id.                  





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