Elizabeth H. and Albert B. Turner - Page 7

                                         - 7 -                                        

          appointment.  Nothing in the record indicates that Queens College           
          expressed any intention to limit the duration of petitioner's               
          employment.                                                                 
               Petitioners argue that a tenure-track position should be               
          considered temporary because petitioner could be terminated after           
          her nine-month appointment.  The absence of permanence does not             
          require a finding that petitioner's employment was temporary.               
          Garlock v. Commissioner, 34 T.C. 611 (1960).  An "employment                
          which merely lacks permanence is indefinite unless termination is           
          foreseeable within a short period of time."  Kasun v. United                
          States, 671 F.2d 1059, 1061 (7th Cir. 1982); Boone v United                 
          States, 482 F.2d 417, 419-420 (5th Cir. 1973) (This is the                  
          circuit to which this case is appealable).                                  
               Regardless of whether there existed the possibility that               
          petitioner would not be reappointed, we are convinced that                  
          petitioner had a reasonable expectation that her employment at              
          Queens College would continue for a substantial or indefinite               
          period of time.  In fact, petitioner was offered continued                  
          employment at Queens College.  However, she declined the offer.             
               We conclude that petitioner's employment was indefinite,               
          and, therefore, she was not away from her tax home.  Petitioner's           










Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011