Dave Arnett - Page 11

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          Code.  The provisions of the Code and the applicable regulations            
          are controlling herein.  Therefore, we do not find Smith and                
          Raytheon Co. to be controlling, and we will not overrule our                
          holding in Martin that Antarctica is not a foreign country for              
          purposes of the Code.                                                       
          V.  Conclusion                                                              
               The foreign earned income exclusion of section 911 applies             
          to amounts received “from sources within a foreign country or               
          countries”.  As Antarctica is not a foreign country for purposes            
          of the Code, we conclude that petitioner is not entitled to                 
          exclude the wage income he earned in Antarctica from income for             
          2001 pursuant to section 911.  See also sec. 863(d) (providing              
          that income earned in Antarctica by a U.S. person is sourced in             
          the United States).                                                         
               In reaching all of our holdings herein, we have considered             
          all arguments made by the parties, and, to the extent not herein            
          discussed, we find them to be irrelevant or without merit.                  
               To reflect the foregoing,                                              
                                             An appropriate order and                 
                                        decision will be entered granting             
                                        respondent’s motion for summary               
                                        judgment and denying petitioner’s             
                                        motion for partial summary                    
                                        judgment.                                     




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