Internal Revenue Code
Sec. 861. Income
from sources within the United States
(a) Gross income from sources within United States
The following items of gross income
shall be treated
as income from sources within the United States:
(3) Personal services
Compensation for labor or personal services performed in the United
States;
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Code of Federal Regulations
From the U.S. Government Printing Office via GPO Access
Sec. 1.861-1 Income
from sources within the United States.
(a) Categories of income. Part I (section
861 and following),
subchapter N, chapter 1 of the Code, and
the regulations thereunder
determine the sources of income for purposes of the income tax.
These
sections explicitly allocate certain important sources of income to the
United States or to areas outside the United States, as the case may
be;
...
The statute provides for the following three categories of income:
(1) Within the United States. The gross income from sources within the United States,
consisting of the items of gross income specified in section 861(a)
plus the items of gross income allocated or apportioned to such sources
in accordance with section
863(a).
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This means that income from
flipping burgers in the United States "shall be treated
as income from sources within the United States".
IRC section 861(a) and its associated regulation does
not differentiate between our three
burger flippers. Regardless of who is flipping the burgers in the U.S.,
the compensation is to be
treated as income from sources
within the
United States.
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