Mr. W,

Can you think of any option that God_heals_all might have to still qualify for the FEIE? He cannot meet the bona fide residence test and seems to be trying to hold out for the physical presence test. It looks to me that the test has gotten stricter since I first used it.

Is there any possible way he can return home now without a huge tax bill? My fear is that him staying away until August will put his marriage in more jeopardy.

bumping because I have exceeded my level of competence.

No idea.

Link me to the code you are referring to and the fact pattern and maybe I can figure it out.

I look over on his thread.

I did peruse it a couple days ago and never got to post him a couple of ideas I had.

1. He should email the restuarant manager that his wife emailed and tell the guy NOT to hire OM and mention that OM is in Jail.

2. He could maybe email OM's parole officer and Judge and explain the situation. They may possibly have a lot of sympathy for a deployed soldier and either hold OM longer or admonish him for his dishonorable activities.

Mr. W

GHA does not give all dates but he apparently works for KBR in "Kuwait and its suburbs". My guess is he arrived in Kuwait in August of 2006, has had a few days back in the USA and is waiting for his 365 days to expire to return home so he can meet his physical presence test. I don't know that for fact because he hasn't posted it. I'm just adding 2 and 2 and getting 5 as usual. I remember when I had to pass my physical presence test, there were several criteria. I am also wondering what can qualify to get him a waiver.

Look we both know you're smart and I'm not. This guy feels trapped in Kuwait by a huge potential tax bill. Is there any way out for him? I just feel like him going home right now is the best chance he has for his M. I would feel like a caged animal in this guy's shoes.

I read the links on his actual thread and the code and forms seem pretty straight forward. 330 days are needed to overcome that test.

As far as a "waiver"? I have no clue but I know I'd sure appreciate one.

Perhaps he can "offer" his wife a "vacation". Since the kids don't have passports they would have to stay behind. He and wife hook up in any foreign country of their choosing for a couple weeks. This won't be reported to any IRS authorities and he can keep the 330 day clock ticking and get him a few weeks closer to August. The trip could essentially be considered paid for with the tax savings dollars he'd/they'd incur had he just chalked it up and come home.

Risky...but he could tell WW he's coming home...dang, the tax consequences. She MAY have in interest in him staying also as his tax consequences may also impact her. He may be able to coerce/trick her into a trip together as a compromise to him coming home THAT DAY.

Then he can Plan A her on such trip. No kids...them alone and throw the cell phone in the ocean when you arrive.

On the other hand...she may just speed up her legal manuevering. Divorce, petitions, etc. is she fears him walking in the door.

Mr. W