Gary B. and Kathleen Mitchell - Page 10

                                       - 10 -                                         
               Petitioners changed their mail delivery from the townhouse             
          to the Fairway residence, established telephone and other utility           
          services at the Fairway residence, and their son Matthew lived              
          there for a period of time prior to the 2-year deadline.                    
          Petitioners, during May 1990, caused Matthew to move out of the             
          Fairway residence so that they could move in.  Matthew had to               
          store some of his furniture and moved to the townhouse which he             
          intermittently used until he purchased his own property during              
          July 1990.                                                                  
               Petitioners intended to and did make Fairway, both legally             
          and physically, their principal residence prior to the June 21,             
          1990, deadline.  Respondent, however, has shown by competent                
          evidence that petitioners’ use of the townhouse was substantial             
          for about 6 months following the deadline.  Respondent has shown            
          that the townhouse utility usage was at least five times larger             
          than the Fairway residence utility usage during the critical                
          period just following June 21 through November 1990 when                    
          construction at the Fairway residence was completed.  For                   
          example, the July 1990 utility costs for the townhouse and                  
          Fairway residence were $110.95 and $20.90, respectively.                    
               Petitioners counter that the townhouse property was being              
          intermittently used by Matthew, and that the air-conditioning was           
          being operated to better facilitate the showing and sale of the             
          townhouse which had been offered for sale since June.                       
          Petitioners further explained that they were attempting to sell             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011