Estate of Barkat A. Khan, Deceased, Mohammed Aslam Khan, Executor - Page 25

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          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.                          








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