Estate of Barkat A. Khan, Deceased, Mohammed Aslam Khan, Executor - Page 22

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               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...)           




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