Myron R. Struck and Thelma C. Struck - Page 15

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          for 333 days for 2002 (using an applicable period of May 16,                
          2001, to May 15, 2002), petitioners pass the foreign physical               
          presence requirement for both years.                                        
               We explain further two of the disputes the parties have in             
          calculating petitioners’ foreign physical presence.                         
               Respondent treats each day that involved a partial day of              
          travel for petitioners in international waters as a nonforeign              
          day.  As explained, however, section 1.911-2(d)(2) and (3),                 
          Income Tax Regs., provides that a partial day of travel in                  
          international waters in traveling from one foreign country to               
          another foreign country be treated as a full foreign day.                   
               Respondent argues that Myron’s testimony does not establish            
          petitioners’ presence in Costa Rica from December 1 to                      
          December 19, 2001, and respondent asserts that those 19 days                
          should not count as foreign days for petitioners.                           
               We find Myron’s testimony to be credible.  Furthermore,                
          Myron’s testimony was corroborated.  The yacht was docked in                
          Costa Rica for the entire month of December 2001, and Myron’s               
          testimony regarding petitioners’ travel to the United States in             
          December 2001 was consistent with Myron’s testimony that his                
          vacation each year in the United States lasted only 2 weeks.                
               Respondent argues that petitioners’ initial Forms 2555-EZ              
          indicate that petitioners were located in the United States for             
          the entire month of December 2001.  We disagree.  Petitioners’              






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