Edward D. Clark - Page 9




                                        - 9 -                                         
               Even if general sourcing rules were applicable in this case            
          to override the plain meaning of section 911 and the regulations,           
          section 863(c) would not apply to petitioner’s situation because            
          his voyages neither began nor ended in the United States or one             
          of its possessions.  Rather, section 863(d) would require                   
          petitioner to include income earned in international waters as              
          income from “ocean activities” sourced in the United States.  See           
          Arnett v. Commissioner, 473 F.3d 790, 797 (7th Cir. 2007), affg.            
          126 T.C. 89 (2006).  Section 863(d) provides, in relevant part,             
          as follows:                                                                 
                    SEC. 863(d).  Source Rules for Space and Certain                  
               Ocean Activities.--                                                    
                         (1) In general.--Except as provided in                       
                    regulations, any income derived from a space or                   
                    ocean activity--                                                  
                              (A) if derived by a United States                       
                         person, shall be sourced in the United States                
                         * * *                                                        
                         *     *     *     *     *     *     *                        
                         (2) Space or ocean activity.--For purposes of                
                    paragraph (1)--                                                   
                              (A) In general.--The term “space or                     
                         ocean activity” means--                                      
                         *     *     *     *     *     *     *                        
                                   (ii) any activity conducted on or                  
                              under water not within the jurisdiction                 
                              (as recognized by the United States) of                 
                              a foreign country, possession of the                    
                              United States, or the United States.                    
                         *     *     *     *     *     *     *                        






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: March 27, 2008