- 14 - day” to include partial days of travel in or on international airspace, land, or waters from one foreign location to another foreign location. Therefore, a day involving travel in international waters between foreign locations in increments of less than 24 hours is treated as a full day in a foreign country. Sec. 1.911-2(d)(2) and (3), Income Tax Regs. If the second alternate requirement of section 911(d)(1) is relied on (330 days of foreign physical presence) and if the applicable period selected by a taxpayer to satisfy the 330 days of foreign physical presence does not correspond to the taxpayer’s taxable year, the taxpayer may only exclude the lesser of actual foreign income earned during the taxable year or a pro rata portion of the maximum exclusion amount that corresponds to the number of days of the applicable period that falls within the taxpayer’s taxable year. Sec. 1.911-3(d)(2) and (3), Income Tax Regs. Because we have found that petitioners were physically present in foreign countries for 330 days for 2001 (using an applicable period of January 7, 2001, to January 6, 20027), and 7For 2001, petitioners have not specifically requested an applicable period of Jan. 7, 2001, to Jan. 6, 2002. However, petitioners have requested that the Court determine the applicable period that will maximize petitioners’ exclusion. We agree with petitioners that generally we are not precluded from identifying and utilizing an applicable period that allows a taxpayer the maximum foreign earned income exclusion under the physical presence requirement.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