Dewey…
http://www.achadwick.com/861/law/26CFR1.861-1.htm
“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;
and, with respect to the remaining income (particularly that derived
partly from sources within and partly from sources without the United
States)”
“(a) In general–(1) Scope. Sections 861(b) and 863(a) state in
general terms how to determine taxable income of a taxpayer from sources
within the United States after gross income from sources within the
United States has been determined.” [CITE: 26CFR1.861-8]
“Determination of taxable income. The taxpayer’s taxable income from sources within or without the United States will be determined under the rules of Secs. 1.861-8 through 1.861-14T for determining taxable income from sources within the United States.” [26 CFR § 1.863-1©]
“(b) Taxable income. The taxable income from sources without the United States… shall be determined on the same basis as that used in Sec. 1.861-8 for determining the taxable income from sources within the United States.” [26 CFR § 1.862-1]
“Rules are prescribed for determination of gross income and taxable income derived from sources within and without the United States, and for the allocation of income derived partly from sources within the United States and partly without the United States or within United States possessions. §§ 1.861-1 through 1.864. (Secs. 861-864; ’54 Code.)” [T.D. 6258]
“(g) Gross income from sources within and without United States -
For computation of gross income from sources within and without the United States, see Section 119 [predecessor to 26 USC 861 and following]” [1939 Code, § 22(g)]
“(ii) Relationship of sections 861, 862, 863(a), and 863(b). Sections 861, 862, 863(a), and 863(b) are the four provisions applicable in determining taxable income from specific sources. Each of these four provisions applies independently… [T]wo or more of these provisions may have to be applied at the same time to determine the proper allocation and apportionment of a deduction.” [26 CFR § 1.861-8(f)(3)(ii)]
“The rules contained in this section [1.861-8] apply in determining taxable income of the taxpayer from specific sources and activities under other sections of the Code, referred to in this section as operative sections. See paragraph (f)(1) of this section for a list and description of operative sections.” [26 CFR § 1.861-8(a)(1)]
“[T]he term ‘statutory grouping’ means the gross income from a specific source or activity which must first be determined in order to arrive at ‘taxable income’ from which specific source or activity under an operative section. (See paragraph (f)(1) of this section.)” [26 CFR § 1.861-8(a)(4)]
“The operative sections of the Code which require the determination of taxable income of the taxpayer from specific sources or activities and which gives rise to statutory groupings [see prior citation] to which this section [1.861-8] is applicable [1.861-8] is applicable include the sections described below…” [26 CFR § 1.861-8(f)(1)]
“(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:
(A) In the case of a foreign taxpayer…
(B) In computing the combined taxable income of a DISC or FSC…
© …the gross income of a possessions corporation…
(D) Foreign earned income as defined in section 911…” [26 CFR § 1.861-8T(d)(2)(iii)]
“(3) Class of gross income. For purposes of this section, the gross income to which a specific deduction is definitely related is referred to as a ‘class of gross income’ and may consist of one or more items (or subdivisions of these items) of gross income enumerated in section 61, namely:
(i) Compensation for services, including fees, commissions, and similar items;
(ii) Gross income derived from business;
(iii) Gains derived from dealings in property;
(iv) Interest;
(v) Rents;
(vi) Royalties;
(vii) Dividends;… [other “items” listed]” [26 CFR § 1.861-8(a)(3)]
“(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.” [26 CFR § 1.861-8T(d)(2)(ii)]
Those are just the binding words in the law talking. I feel like Will ferril in Zoolander when he claims ‘Am I on happy pills here’ Give me just a little, tiny squdget of the possibility that all the people supporting the 861 get their ‘crazy insane nutty’ idea from the actual words in the law.
To determine sources of income from within use 861, without use 862, within and without use 863.
The claim that 861 includes most peoples income is understandable because USC861 and is addressed here….
http://taxableincome.net/debate/otherside/assert7.html
Here’s a site map that most of you can look up the reason why you think the 861 source evidence is ridiculous and at least get the rebuttal. http://taxableincome.net/sitemap.html
I have a lot of cool scans of the 861 regulation and it’s predecessors going back along way if any body wants them.
Wick