You, I, and Bill are prudent
persons. Having been apprised that certain items of income may be
excluded income, logic
dictates that we look in paragraph (d)(2) to answer the question, Is my income "excluded income"?
Code of Federal Regulations
Sec. 1.861-8 (d) Excess of deductions and excluded and eliminated
income--
(2) Allocation and apportionment to exempt,
excluded, or eliminated income. [Reserved] For guidance, see
Sec. 1.861-8T(d)(2).
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Undeterred by the lengths
the
writers went to hide this, we will continue to follow the path.
Code of Federal Regulations
Sec. 1.861-8T
(d)(2) Allocation and apportionment to exempt,
excluded, or eliminated income--
(ii) Exempt income and exempt asset defined--
(A) In general.
For purposes of this section, the
term exempt income means any income that is, in whole or in part,
exempt, excluded, or eliminated for
federal income tax purposes. The term exempt asset means any
asset the income from which is, in whole or in part, exempt, excluded,
or eliminated for federal tax
purposes.
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We are still tracking down
the answer to the question, Is my
income "excluded income"?
Code of Federal Regulations
Sec. 1.861-8T
(d)(2) Allocation and apportionment to exempt,
excluded, or eliminated income--
(iii) Income that is not considered tax exempt.
The following items are not
considered to be exempt, eliminated, or excluded income and,
thus, may have expenses, losses, or other deductions allocated and
apportioned to them:
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What are they trying to hide?
Exempt = Not
Taxable
Eliminated = Not Taxable
Excluded = Not Taxable
Not considered to be Exempt = Not considered to be
Not Taxable
Not considered to be Eliminated = Not considered to be Not Taxable
Not considered to be Excluded = Not considered to be Not Taxable
Double Negatives cancel.
Not
considered to be Exempt = Not
considered to be Not
Taxable
Not considered to be Eliminated = Not considered to be Not Taxable
Not considered to be Excluded = Not considered to be Not Taxable
Not
considered to be Exempt = Considered to be
Taxable
Not considered to be Eliminated = Considered to be
Taxable
Not considered to be Excluded = Considered to be
Taxable
Now let's parse the original
with a proper understanding of what they are saying:
Code of Federal Regulations
Sec. 1.861-8T
(d)(2)(iii) Income that is
considered taxable.
The following items are considered to
be taxable income and, thus, may have expenses, losses, or other
deductions allocated and apportioned to them: |
This dovetails nicely with
the general definition of taxable income in IRC section 63.
Shall we finally look to see
what items of income ARE taxable?
Code of Federal Regulations
Sec. 1.861-8T
(d)(2)(iii) Income that is
considered [taxable]
(A) In the case of a foreign taxpayer
(including a foreign sales corporation (FSC)) computing its effectively
connected income, gross income (whether domestic or foreign source)
which is not effectively connected to the conduct of a United States
trade or business;
(B) In computing the combined taxable income of a DISC or FSC and its related
supplier, the gross income of a DISC
or a FSC;
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A DISC is a Domestic International Sales Corporation.
A FSK is a Foreign Sales Corporation.
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Code of Federal Regulations
Sec. 1.861-8T
(d)(2)(iii) Income that is
considered [taxable]
(C) For all purposes under subchapter N of the Code, including the
computation of combined taxable income of a possessions corporation
and its affiliates under section 936(h), the gross income of a
possessions corporation for which a credit is allowed under section
936(a); and
(D) Foreign earned income as
defined in section 911 and the regulations thereunder (however, the
rules of Sec. 1.911-6 do not require the allocation and apportionment
of certain deductions, including home mortgage interest, to foreign
earned income for purposes of determining the deductions disallowed
under section 911(d)(6)). |
Only paragraph (D) would
apply
to Bill... IF
Bill was flipping burgers outside of the United States. This
point will be substantiated in the chapter examining the Form 1040
instructions.
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