- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011