Late Filed Foreign Earned Income Exclusion

Foreign Earned Income Exclusion – Late Elections Can the foreign earned income exclusion be elected on a late-filed return? Redfield v. Comm’r, T.C. Memo 2017-71 (T.C. April 26, 2017) answers this question. Facts Below are the facts in the case: Taxpayer worked in a civilian position at Kandahar Air Field in Kandahar Province, Afghanistan in 2010 Taxpayer received an extension of time until October 15, 2011, to file his 2010 Federal income tax return Since taxpayer did not file his 2010 tax return, in 2014 the IRS prepared a substitute for return (SFR) Subsequently, the taxpayer submitted to the IRS a delinquent return for 2010 on which he included with this return Form 2555, Foreign Earned Income Exclusion to exclude his foreign income The IRS disallowed petitioner’s claim for a foreign earned income exclusion (FEIE) because he had not elected to exclude foreign earned income on a prior Federal income tax return and had failed to make a valid election for…

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