Estate of Barkat A. Khan, Deceased, Mohammed Aslam Khan, Executor - Page 21

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          speak English to join social organizations such as the American             
          Association of Retired Persons.                                             
               Additionally, we do not think the fact that decedent's wife            
          remained in Pakistan shows that decedent did not intend to reside           
          permanently in the United States.  From the time decedent was 2             
          years old until his parents' deaths, his mother resided in                  
          Pakistan while his father resided in the United States.                     
               On the basis of the record, we conclude that decedent lived            
          in the United States in 1985 and at that time decedent intended             
          to remain in the United States permanently.  Therefore, decedent            
          became domiciled in the United States in 1985.                              
               The fundamental principle that a domicile once acquired is             
          presumed to continue until it is shown to have been changed now             
          applies to decedent's domicile in the United States.  To                    
          establish that decedent reestablished domicile in Pakistan, it              
          must be shown that he lived in Pakistan and intended to remain              
          there indefinitely.  Both elements must be present, and one                 
          without the other is insufficient to establish a new domicile.              
               Decedent lived in Pakistan from December 24, 1986, until the           
          time of his death.  Living in Pakistan without the requisite                
          intent to remain there indefinitely, however, will not suffice to           
          constitute domicile.  Sec. 20.0-1(b)(1), Estate Tax Regs.  A                
          person acquires a domicile in a place by living there "with no              
          definite present intention of later removing therefrom."  Sec.              
          20.0-1(b)(1), Estate Tax Regs. (emphasis added).                            




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