- 22 - Respondent contends that the filing of Forms 1040NR for the taxable years after 1985 on decedent's behalf indicates that decedent intended to abandon his domicile in the United States. We disagree. Decedent's tax returns were prepared by Woodmansee on the basis of information provided by Lucchesi. When Lucchesi took the returns to Aslam to be signed, he did not read or explain the returns to Aslam. Because of Aslam's poor eyesight, he did not read the returns himself. Aslam signed the returns under a power of attorney, and decedent never saw the returns. We do not think that the filing of the Forms 1040NR on decedent's behalf under these circumstances establishes that decedent intended to abandon his domicile in the United States. Furthermore, the term "resident" has different meanings in different settings under differing statutes. Forni v. Commissioner, 22 T.C. at 986. An individual's classification as a resident of the United States for purposes of the Federal estate tax is dependent upon his being domiciled in the United States, whereas an individual's classification as a resident for purposes of the Federal income tax is determined by the standards set forth in section 7701(b).11 Since an individual can have but 11 Section 7701(b)(1)(A) provides that, for purposes of the Federal income tax, an alien individual is a resident of the United States (1) if he is a lawful permanent resident of the United States at any time during the calendar year or (2) if he meets the "substantial presence test". An individual is a lawful (continued...)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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