- 28 - (1960). The term "principal" means one's chief or main place of residence. Thomas v. Commissioner, supra at 243; Stolk v. Commissioner, 40 T.C. 345, 356 (1963), affd. 326 F.2d 760 (2d Cir. 1964). In other words, the phrase "used by the taxpayer as his principal residence" means "habitual use of the old residence as the principal residence". Stolk v. Commissioner, supra, at 355. The record clearly establishes petitioners' ties to and presence in Florida throughout most of 1989. This evidence includes: The purchase of the Mandarin house in Florida; the relocation of TAI to Florida; the checking accounts in Florida; the frequent ATM withdrawals in Florida; the Leaders appointment sheet showing the Burlington house as vacant; the testimony of Ms. Brenneman and Mr. Wilcox that the Burlington house was empty and that their only contacts with petitioners were through phone numbers or addresses in Florida; and the sales contract and mortgage application for the Jacksonville Golf house. Deborah never lived in the Burlington house on a regular basis; Mr. Bowers never lived there on a regular basis after he separated from Florence in October of 1987. In 1989 petitioners physically occupied or lived in the Connecticut condo or the Mandarin house most of the time.23 They signed the purchase contract for the Jacksonville Golf house on October 1, 1989, and 23 Deborah spent one-third to one-half of her time with her parents in Augusta, Georgia.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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