- 25 - time of decedent's death, those interests were valued at approximately $746,000. Decedent also maintained bank accounts in the United States. At the time of his death the value of the deposits in his bank accounts was over $70,000. By contrast, the only property decedent owned in Pakistan was the 15-acre farm, valued at $15,000 at the time of his death. The record shows that decedent wanted to return to the United States, but his poor health prevented him from doing so. No one, except the individual, knows or can know with absolute certainty whether, in fact, he chooses to abandon his domicile and adopt a new one. "We can only have a belief of varying degrees of certainty, after considering that person's declarations, conduct, character, temperament, etc." Bank of New York & Trust Co. v. Commissioner, 21 B.T.A. at 203. On the basis of the record as a whole, we conclude that decedent never abandoned his domicile in the United States. We hold, therefore, that decedent was a resident of the United States on the date of his death. To reflect the foregoing and because of concessions by petitioner, Decision will be entered under Rule 155.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011