Matthew G. Newcomb - Page 2

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          After a concession,2 the sole issue for decision is whether                 
          petitioner can exclude from income wages earned during 2001 and             
          2002 from working in Antarctica.                                            
               At the time he filed the petition, petitioner resided in               
          Williams Bay, Wisconsin.  During 2001 and 2002, petitioner                  
          performed services at McMurdo Station in Ross Island, Antarctica.           
          On his 2001 and 2002 Federal income tax returns, petitioner                 
          excluded wage income earned and received during 2001 and 2002 for           
          services performed in Antarctica.                                           
          I.  Summary Judgment                                                        
               Rule 121(a) provides that either party may move for summary            
          judgment upon all or any part of the legal issues in controversy.           
          Full or partial summary judgment may be granted only if it is               
          demonstrated that no genuine issue exists as to any material fact           
          and that the legal issues presented by the motion may be decided            
          as a matter of law.  See Rule 121(b); Sundstrand Corp. v.                   
          Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th               
          Cir. 1994).  We conclude that there is no genuine issue as to any           
          material fact and that a decision may be rendered as a matter of            

               2  Respondent concedes that no penalty pursuant to sec. 6662           
          is due from petitioner for 2001 and 2002.                                   

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