- 13 - Intention of Remaining Petitioners expressed their intention regarding 20 The Point. In June 1988, they told McKenzie of their intention to "live at 20 The Point more or less indefinitely." At trial, Terry stated that on the day of the Corporation's liquidation, petitioners' intention was to live at 20 The Point for the future. Petitioners preferred to be in the San Diego area as opposed to the Riverside area. The San Diego area's climate was smog free and cooler than the Riverside area's climate, which was smoggy and hot. Respondent argues that petitioners always intended to purchase 15 Sandpiper, even before their acquisition of 20 The Point on August 31, 1988. We disagree. We find that on August 31, 1988, the date of acquisition of 20 The Point, through the Corporation's liquidation, petitioners intended to remain in Coronado at 20 The Point. This intent changed when 15 Sandpiper became available on September 26, 1988. At that time, petitioners began to negotiate for the purchase of 15 Sandpiper, listed 20 The Point for sale, and eventually on November 21, 1988, purchased 15 Sandpiper. Respondent also argues that petitioners never intended to make 20 The Point or 15 Sandpiper their principal residence because they purchased 3 Green Turtle. We disagree. Respondent relies on a letter by McKenzie, which states that Terry "decidedPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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