- 16 - Forms 2555-EZ for 2001 were silent as to December 2001, and petitioners made mistakes designating applicable periods on the Forms 2555-EZ that they initially filed for both 2001 and 2002. Also, because of the shift to respondent of the burden of proof, respondent bears the burden to prove that petitioners were not in a foreign country for the first 19 days of December 2001. Respondent argues further that for 2001 there are insufficient facts in evidence to evaluate the requirements of the foreign earned income exclusion under any applicable period other than January 1 to December 31, 2001. We disagree. Petitioners’ log, Myron’s testimony, and the Navy review of the log establish petitioners’ presence in foreign countries for the applicable period we utilize for 2001 -- namely January 7, 2001, to January 6, 2002, as well as for 2002. Respondent also makes a procedural argument as to why we should analyze petitioners’ qualifications for the exclusion only under the applicable periods petitioners indicated on their initially filed Forms 2555-EZ. Respondent argues that our utilization of a different applicable period for 2001 to measure petitioners’ foreign physical presence constitutes a new issue not raised by the pleadings. Although we have adjusted petitioners’ applicable period for 2001, the issue remains what it has always been: Do petitionersPage: 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