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