Typhoon, the EAJA would likely apply when all was said and done, but there's a chance it wouldn't - and also a chance you'd lose the case, even though the merits seem obvious to us. In any event it'd take years, and the jurisdiction of such cases isn't always nationwide. Another district could go after another pilot and start the entire process over!

IIRC IRS wasn't applying the merchant seaman interpretation to pilots until relatively recently. I certainly never got pulled over for it. I'd be interested in knowing the stateside homes of those getting correspondence. It's possible this is, for now, one or two rogue districts (or just some "rogue agents in Cincinnati" ).

 

Oicur, there are some good posts here, but get yourself some "real" tax advice before you proceed. I don't think going into an audit with the justification of "some guy on the internet told me ... " would be terribly successful .

 

I would also suggest getting someone that is thoroughly familiar with expat stuff and not H&R Block.

 

That is just plain wrong. The original poster's contract is only six months. One needs to be resident of a foreign country for one full calendar year to qualify based on residency. Read IRS publication 54.


TP

 

I think cloudbase was speaking in general terms about the two ways to proof physical presence abroad to the IRS, not about the OP's situation in particular. Also, I believe it is a full tax year, not a calendar year..!

 

It is a full calendar year.

 

In the USA, for a person not a company, a tax year and calendar year are the same thing. Again, it's all in IRS Pub 54.


TP

 

Depends on the way you file....! This is a perfect example as to why you need to talk to a tax professional about these matters.

I typically try my best to stay away from tax topics, so until the next topic it is.

 

Okay, I'll admit I've learned something. IRS Publication 538 says:



TP

 

Hi everyone,

I am a Hong Kong-based business reporter with CNN and am looking to interview American expats who work as pilots on international routes about how they handle their taxes every year.

Some expats working outside the US don't have to pay taxes on the first ~$97,600 they earn -- the foreign-earned income exclusion. But pilots who are earning money while flying may not always qualify, as US tax authorities do not consider international airspace/waters to count as a foreign country for tax purposes. I see some of you have discussed this earlier in the thread.

Whether you are retired or currently working, if you have been in this situation before and would like to share your story with CNN for our report, please contact [email protected]. The interview will be conducted on the phone for a story on CNNMoney.com.

Thank you, Sophia