1 Unless otherwise indicated, all Rule references are to

the Tax Court Rules of Practice and Procedure, and all section

references are to the Internal Revenue Code in effect for the

year in issue. 

T.C. Memo. 2007-250 

UNITED STATES TAX COURT

PAUL B. DIETSCHE, Petitioner v.

COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 4705-05. Filed August 27, 2007.

Larry D. Harvey, for petitioner.

Randall L. Preheim, for respondent.

MEMORANDUM OPINION

VASQUEZ, Judge: This case is before the Court on

respondent’s motion for summary judgment pursuant to Rule 121.1
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2 Respondent concedes that no penalty pursuant to sec. 6662

is due from petitioner for 2002.

After a concession,2 the sole issue for decision is whether

petitioner can exclude from income wages earned during 2002 from

working in Antarctica. 

Background

At the time he filed the petition, petitioner resided in

Lena, Wisconsin. During 2002, petitioner performed services at

McMurdo Station in Ross Island, Antarctica. On his 2002 Federal

income tax return, petitioner excluded wage income earned and

received during 2002 for services performed in Antarctica. 

Discussion

I. Summary Judgment

Rule 121(a) provides that either party may move for summary

judgment upon all or any part of the legal issues in controversy. 

Full or partial summary judgment may be granted only if it is

demonstrated that no genuine issue exists as to any material fact

and that the legal issues presented by the motion may be decided

as a matter of law. See Rule 121(b); Sundstrand Corp. v.

Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th

Cir. 1994). We conclude that there is no genuine issue as to any

material fact and that a decision may be rendered as a matter of

law.
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II. In General

Section 61(a) provides that gross income means all income

from whatever source derived. Accordingly, citizens of the

United States generally are taxed on income earned outside the

geographical boundaries of the United States unless the income is

specifically excluded from gross income. Specking v.

Commissioner, 117 T.C. 95, 101-102 (2001), affd. sub nom. Haessly

v. Commissioner, 68 Fed. Appx. 44 (9th Cir. 2003), affd. sub nom.

Umbach v. Commissioner, 357 F.3d 1108 (10th Cir. 2003). 

Exclusions from income are construed narrowly, and taxpayers must

bring themselves within the clear scope of the exclusion. Id.

III. Section 911

In Arnett v. Commissioner, 126 T.C. 89, 91-96 (2006) (Arnett

I), affd. 473 F.3d 790 (7th Cir. 2007) (Arnett II), we addressed

the arguments made by the parties herein regarding section 911. 

The U.S. Court of Appeals for the Seventh Circuit, to which an

appeal of the case herein apparently lies, agreed with our 

analysis of section 911 and affirmed our conclusion that

Antarctica is not a “foreign country” pursuant to section 911 and

the regulations thereunder. Arnett v. Commissioner, 473 F.3d at

799. We shall not repeat our analysis from Arnett I herein. We

follow our analysis and holding in Arnett I and the analysis and

holding of the Court of Appeals in Arnett II, to which an appeal

of the case herein apparently lies.
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IV. Conclusion

Accordingly, for the reasons stated in Arnett I, Arnett II,

and herein, we conclude that petitioner cannot exclude from gross

income wages earned during 2001 and 2002 from working in

Antarctica.

To reflect the foregoing,

An appropriate order and

decision will be entered.