Ronald B. and Annette C. Talmage - Page 75




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         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).                                                                        






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