Dave Arnett - Page 4

                                        - 4 -                                         
               Rule 121(a) provides that either party may move for summary            
          judgment upon all or any part of the legal issues in controversy.           
          Full or partial summary judgment may be granted only if it is               
          demonstrated that no genuine issue exists as to any material fact           
          and that the issues presented by the motion may be decided as a             
          matter of law.  See Rule 121(b); Sundstrand Corp. v.                        
          Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th               
          Cir. 1994).                                                                 
               We conclude that there is no genuine issue as to any                   
          material fact and that a decision may be rendered as a matter of            
          law.                                                                        
          II.  Gross Income in General                                                
               Section 61(a) provides that gross income means all income              
          from whatever source derived.  Thus, citizens of the United                 
          States generally are taxed on income earned outside the United              
          States unless the income is specifically excluded.  Specking v.             
          Commissioner, 117 T.C. 95, 101-102 (2001), affd. sub nom. Haessly           
          v. Commissioner, 68 Fed. Appx. 44 (9th Cir. 2003), affd. sub nom.           
          Umbach v. Commissioner, 357 F.3d 1108 (10th Cir. 2003).                     
          Exclusions from income are construed narrowly, and taxpayers must           
          bring themselves within the clear scope of the exclusion.  Id.              
          III.  Section 911                                                           
               Section 911(a) provides in part that a "qualified                      
          individual" may elect to exclude from gross income his or her               





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

Last modified: May 25, 2011