- 5 - 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 anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011