Clifford F. Asher - Page 12

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          condominium was petitioner's primary residence as of August 27,             
          1988.                                                                       
               The determinations of whether property (1) is used by a                
          taxpayer as his residence and (2) is used as his principal                  
          residence depends upon all the facts and circumstances.  Sec.               
          1.1034-1(c)(3), Income Tax Regs.  For purposes of section 1034,             
          property is "used" by taxpayer as his residence if the taxpayer             
          physically occupies or lives in that property.  United States v.            
          Sheahan, 323 F.2d 383, 386 (5th Cir. 1963); Bayley v.                       
          Commissioner, 35 T.C. 288, 295 (1960).  An individual may have              
          more than one residence.  Howard v. Commissioner, 16 T.C. 157               
          (1951), affd. 202 F.2d 28 (9th Cir. 1953).  A residence is a                
          taxpayer's "principal residence" if it is his "chief or main"               
          place of residence, considering all relevant facts, including the           
          amount of time the taxpayer spends at one residence as opposed to           
          another.  Stolk v. Commissioner, 40 T.C. 345, 351, 356 (1963),              
          affd. per curiam 326 F.2d 760 (2d Cir. 1964).                               
               A residence as distinguished from a domicile does not mean             
          one's permanent place of abode.  In Stolk v. Commissioner, supra            
          at 355, we stated: "The elements of residence are the fact of               
          abode and the intention of remaining, and the concept of                    
          residence is made up of a combination of acts and intention.                
          Neither bodily presence alone nor intention alone will suffice to           
          create a residence."  Residence is something less than domicile.            





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