Myron R. Struck and Thelma C. Struck - Page 12

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          Commissioner, 927 F.2d 849, 856-857 (5th Cir. 1991), revg. T.C.             
          Memo. 1989-616.                                                             
               Because petitioners’ townhouse was leased to others, not               
          available to petitioners, and because petitioners had limited               
          other ties to the United States, petitioners did not have an                
          abode in the United States during petitioners’ 2001 and 2002                
          applicable periods.                                                         

          Physical Presence Requirement                                               
               Under the second requirement of section 911(d)(1), because             
          petitioners acknowledge that they do not qualify for the foreign            
          earned income exclusion under the bona fide foreign residence               
          requirement, we address only the alternate physical presence                
          requirement.                                                                
               Under section 911(d)(1)(B), a taxpayer who spends at least             
          330 days during an applicable period in a foreign country or                
          countries will satisfy the physical presence requirement for the            
          related tax year.  For this purpose, a taxpayer is to add                   
          together all foreign days falling within any one applicable                 
          period.  Sec. 1.911-2(d)(1) and (2), Income Tax Regs.                       
               An applicable period consists of any 12 consecutive months.            
          Sec. 1.911-2(d)(1), Income Tax Regs.  In order for the exclusion            
          to be applicable to reduce gross income in a particular year, the           
          applicable period must have some overlap with the taxpayer’s                
          taxable year in question.  Sec. 1.911-3(d)(2) and (3), Income Tax           





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