Brett Alan Combs - Page 6

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          latter term is not used in the statute but is contained in the              
          implementing regulations, specifically sec. 1.861-8, Income Tax             
          Regs.                                                                       
               Section 1.861-8(a)(2), Income Tax Regs., requires the                  
          taxpayer to allocate deductions to a class of gross income and,             
          if necessary, to apportion deductions within the class of gross             
          income between the “statutory grouping” (foreign source income)             
          and the “residual grouping” (U.S. source income).  See sec.                 
          1.861-8(a)(4), (f)(1), Income Tax Regs.  The classes of gross               
          income are listed in section 1.861-8(a)(3), Income Tax Regs., the           
          same income items as are listed in section 61.  Allocations and             
          apportionments are made based on the factual relationship of the            
          deductions to the gross income except for deductions not                    
          definitely related to specific gross income, like the standard              
          deduction, which is ratably apportioned across all gross income.            
          Sec. 1.861-8(a)(2), (4), Income Tax Regs.                                   
               The result is a determination of the taxpayer’s U.S. source            
          taxable income, and foreign source taxable income, the sum of               
          which taxable income is subject to U.S. income taxation.  See               
          sec. 1.  The distinction between U.S. source taxable income and             
          foreign source taxable income may, however, be important for                
          other reasons.  See, e.g., secs. 901, 904 (the foreign tax                  
          credit).  The international aspect of U.S. income taxation is an            







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Last modified: May 25, 2011