- 21 - 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).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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