Dave Arnett - Page 2

                                        - 2 -                                         
                                       OPINION                                        
               VASQUEZ, Judge:  Respondent determined an $8,066 deficiency            
          in petitioner’s 2001 Federal income tax and a $1,613.20 section             
          66621 penalty.  After a concession,2 the sole issue for decision            
          is whether section 911 entitles petitioner to exclude from gross            
          income the wage income he earned in Antarctica in 2001.                     
               This case is before the Court on respondent’s motion for               
          summary judgment and petitioner’s motion for partial summary                
          judgment under Rule 121.  This is the lead case in an                       
          unconsolidated group of approximately 150 cases of similarly                
          situated taxpayers who earned wage income in Antarctica and who             
          make similar arguments.                                                     
                                     Background                                       
               At the time of the filing of the petition, petitioner                  
          resided in Hayward, Wisconsin.  During 2001, petitioner was                 
          employed by Raytheon Support Services Co. (Raytheon).  Raytheon             
          is under contract with the National Science Foundation (NSF), an            
          agency of the United States, for certain research conducted in              
          Antarctica.  During 2001, petitioner, a U.S. citizen, resided and           
          performed services at McMurdo Station in Ross Island, Antarctica.           


               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               2  Respondent conceded that no penalty pursuant to sec. 6662           
          is due from petitioner for 2001.                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011