- 7 - requirements of section 162, we need not decide whether petitioner satisfies the requirements of section 1.162-5, Income Tax Regs. Accordingly, petitioner is not entitled to a deduction for his educational expenses. United States-Belgium Income Tax Convention Article 21 Exemption Article 21 of the Convention for the Avoidance of Double Taxation, Oct. 13, 1972, U.S.-Belg., 23 U.S.T. (Part 3) 2687, 2704, provides: ARTICLE 21. STUDENTS AND TRAINEES (1)(a) An individual who is a resident of one of the Contracting States at the time he becomes temporarily present in the other Contracting State and who is temporarily present in that other Contracting State for the primary purpose of: (i) Studying at a university or other recognized educational institution in that other Contracting State * * * * * * * shall be exempt from tax by that other Contracting State with respect to amounts described in subparagraph (b) for a period not exceeding 5 taxable years from the date of his arrival in that other Contracting State. (b) The amounts referred to in subparagraph (a) are: * * * * * * * (iii) Income from personal services performed in that other Contracting State in an amount not in excess of 2,000 United States dollars * * *. Respondent argues that petitioner is a resident of the United States and thus may not claim the Article 21 exemption because he was not “temporarily present” in the United StatesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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