- 75 - state that the $97 was a “Farm Truck Expense”. The Court finds that petitioner’s testimony was not credible. The evidence indicates petitioner’s tax home was in Japan for approximately 21 years ending on June 8, 1999. Although the period of bona fide residence must include an entire taxable year, the entire uninterrupted period of residence may include fractional parts of a taxable year. See sec. 1.911-3(d)(3), Income Tax Regs. For the foregoing reasons, the Court finds that petitioner was a qualified individual under section 911(d)(1) from January 1 through June 8, 1999. Therefore, petitioner was entitled to the foreign earned income exclusion under section 911(a) from January 1 through June 8, 1999. See sec. 1.911- 3(d)(2), Income Tax Regs. The Court also finds that petitioner established his abode in the United States as of June 9, 1999. Accordingly, he was not entitled to the foreign earned income exclusion under section 911(a) from June 9 through December 31, 1999.28 B. Maximum Exclusion Amount Generally, the allowable maximum exclusion from foreign earned income for a tax year under section 911(a)(1) would be the lesser of the qualified individual’s foreign income for the 28 Because the Court found that petitioner failed to meet the tax home requirement under sec. 911(d)(1), the Court does not need to determine whether petitioner met the bona fide residence test or the physical presence test under sec. 911(d)(1)(A) or (B).Page: Previous 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 NextLast modified: March 27, 2008