- 18 - The parties’ stipulation does not require a contrary result. The parties’ stipulation only encompasses admissibility, not correctness, of the exhibits admitted into evidence. Petitioners have established that they qualify for the exclusion for both 2001 and 2002: (1) Petitioners had a foreign tax home during the applicable periods, and (2) petitioners were physically present in foreign countries for at least 330 days of the applicable periods overlapping 2001 and 2002. In light of our resolution of the foreign earned income issue in favor of petitioners, the section 6662 penalties determined by respondent are moot. To reflect the foregoing, Decision will be entered under Rule 155.8 8Because the applicable periods utilized in our opinion do not correspond to petitioners’ taxable years, a pro rata adjustment to petitioners’ exclusions for foreign earned income for 2001 and 2002 will need to be made under sec. 1.911-3(d), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011