- 8 - residence prior to the June 21, 1990, deadline. Respondent, relying on utility and telephone usage at the temporary townhouse and the replacement or principal residence (Fairway), contends that the record does not support petitioners' contentions and proffered testimony. Section 1.1034-1(c)(3)(i), Income Tax Regs., contains the following standard for use of a principal residence: Whether or not property is used by the taxpayer as his residence, and whether or not property is used by the taxpayer as his principal residence (in the case of a taxpayer using more than one property as a residence), depends upon all the facts and circumstances in each case, including the good faith of the taxpayer. * * * Section 1.1034-1(d)(1), Income Tax Regs., explains further that if the taxpayer, during the period within which the purchase and use of the new residence must be made in order to have any gain on the sale of the old residence not recognized under this section, purchases more than one property which is used by him as his principal residence * * *, only the last of such properties shall be considered a new residence * * * Petitioners bear the burden of showing their entitlement to the benefits of section 1034 by proving they have satisfied all of the section's requirements. Thomas v. Commissioner, 92 T.C. 206, 242 (1989) (citing Welch v. Helvering, 290 U.S. 111 (1933) and Rule 142(a)). In particular, petitioners must show here that they used the Fairway residence as their principal residence. In that regard, we said in Stolk v. Commissioner, 40 T.C. 345, 353, 355 (1963), affd. 326 F.2d 760 (2d Cir. 1964): The elements of residence are the fact of abode and the intention of remaining, and the concept of residence isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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