Dan R. and Ann P. Kunze - Page 2




                                        - 2 -                                         
               Larry D. Harvey, for petitioners.                                      
               Randall L. Preheim, for respondent.                                    


                                 MEMORANDUM OPINION                                   

               VASQUEZ, Judge:  This case is before the Court on                      
          respondent’s motion for summary judgment pursuant to Rule 121.1             
          After a concession,2 the sole issue for decision is whether                 
          petitioners can exclude from income wages earned during 2000 from           
          working in Antarctica.                                                      
                                     Background                                       
               At the time they filed the petition, petitioners resided in            
          Lander, Wyoming.  During 2000, petitioners performed services at            
          McMurdo Station in Ross Island, Antarctica.  On their 2000                  
          Federal income tax return, petitioners excluded wage income                 
          earned and received during 2000 for services performed in                   
          Antarctica.                                                                 






               1  Unless otherwise indicated, all Rule references are to              
          the Tax Court Rules of Practice and Procedure, and all section              
          references are to the Internal Revenue Code in effect for the               
          year in issue.  Respondent has filed similar motions for summary            
          judgment in dockets of the similarly situated taxpayers who are             
          U.S. persons who earned income from working in Antarctica.                  
               2  Respondent concedes that no penalty pursuant to sec. 6662           
          is due from petitioners for 2000.                                           





Page:  Previous  1  2  3  4  5  Next 

Last modified: November 10, 2007