Myron R. Struck and Thelma C. Struck - Page 9

                                        - 9 -                                         
          regard to community property laws, sec. 1.911-5(b), Income Tax              
          Regs.                                                                       
               For 2001 and 2002, the maximum exclusions for a married                
          couple filing a joint Federal income tax return totaled $156,000            
          and $160,000, respectively.  Sec. 911(b)(2)(D).                             

          Foreign Tax Home Requirement                                                
               The foreign tax home requirement of section 911(d)(1) is to            
          be evaluated during the same applicable period used by a taxpayer           
          for the bona fide residence or the physical presence requirement.           
          Sec. 1.911-2(a) and (b), Income Tax Regs.                                   
               Section 911(d)(3), which defines “tax home” as applied to              
          the exclusion, incorporates the travel business expense provision           
          of section 162(a)(2), as follows:  “The term ‘tax home’ means,              
          with respect to any * * * [taxpayer], such * * * [taxpayer’s]               
          home for purposes of section 162(a)(2) (relating to traveling               
          expenses while away from home).”  Thus, under the foreign earned            
          income exclusion, the location of a tax home generally is                   
          determined in the same manner as the location of a tax home under           
          section 162(a)(2).                                                          
               In section 1.911-2(b), Income Tax Regs., it is explained               
          that the location of a taxpayer’s regular or principal place of             
          business, or, if none, of a taxpayer’s abode in a real and                  
          substantial sense, will be regarded as the location of a                    







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011