- 4 - “shall be allocated or apportioned to sources within or without the United States, under regulations prescribed by the Secretary.” Petitioner admits, and the facts show, that he had no items of gross income, expenses, losses, and deductions other than those from a U.S. source. From the items of U.S. source gross income, the taxpayer “shall” deduct the expenses, losses, and other deductions properly apportioned or allocated to U.S. source income along with a ratable portion of expenses, losses, and other deductions that cannot definitely be allocated to an item or class of gross income. Sec. 861(b). The standard deduction is considered a deduction that cannot definitely be allocated to an item or class of gross income. Sec. 861(b). The remainder, if any, after taking the above expenses, losses, and other deductions, is included in full as U.S. source taxable income. Sec. 861(b). Because 100 percent of petitioner’s gross income is U.S. source gross income, 100 percent of petitioner’s expenses, losses, and other deductions are properly allocated and “apportioned” to U.S. source income. The thoughtful reader need go no further than the words of the statute to determine that section 861 is unnecessary to the determination of petitioner’s income tax liability. Petitioner, however, claimed at trial to be confused by the terms “classes of gross income” and “statutory groupings”. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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