Assuming you mean foul or infraction by penalty, then the attacker can not be offside on a free kick, direct or indirect. An attacker can be in an offside position only if receiving the ball directly from a throw in, corner kick or goal kick. An attacker in an illegal position on a penalty kick or kickoff is guilty of encroachment, not offside.
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Officiating takes more than OJT.
It's not our jobs to invent rulings to fit our personal idea of what should and should not be.
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