- 6 - home which is temporary, as opposed to indefinite, in duration. Peurifoy v. Commissioner, 358 U.S. 59, 60 (1958). If the employment is temporary, the tax home is considered to be the place of the taxpayer's residence; whereas, if the employment is indefinite, the tax home is the location of employment. Kroll v. Commissioner, supra at 562. Employment is considered to be temporary if termination within a short period could be expected. Mitchell v. Commissioner, supra at 581; Tucker v. Commissioner, 55 T.C. 783, 786 (1971). In contrast, employment is considered indefinite if termination could not be expected or foreseen within a fixed or reasonably short period of time. Mitchell v. Commissioner, supra at 581. This expectation is measured by what was contemplated at the time employment was accepted. McCallister v. Commissioner, 70 T.C. 505, 509 (1978). The duration of employment is a factual issue, and no single element is determinative. Norwood v. Commissioner, 66 T.C. 467, 470 (1976). Based on this record, we conclude that petitioner's employment at Queens College was indefinite in 1991. Petitioner had been employed previously by Queens College. During 1991, petitioner was employed as a full-time assistant professor at Queens College. It was a tenure-track position. Under the terms of her contract, tenure may be granted after a designated probationary period. A grant of tenure confers continuousPage: Previous 1 2 3 4 5 6 7 8 Next
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