Stephen D. Podd - Page 61

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          his credit card for 160 days in Florida and for 55 days in other            
          locations in the United States.                                             
               For the 1990 taxable year, Victor, Jr. filed a Canadian                
          resident income tax return.  For the 1991 taxable year, Victor, Jr.         
          claimed that he was a United States resident for income tax purposes        
          and resided in Fort Lauderdale, Florida.                                    
               During 1990, Victor, Jr. also held a Quebec driver's license           
          and belonged to a health club in Montreal.  He owned two automobiles        
          which were registered in Montreal and garaged at his parents' home.         
          Many of his personal belongings remained in his parents' home.  He          
          maintained bank accounts at four Montreal banks in 1990.  During            
          1990, he also received personal services from a doctor, a dentist, a        
          hairdresser, and a tailor in Montreal.                                      
                                        OPINION                                       
               For purposes of the Federal income tax, an alien individual            
          will be treated as a resident alien of the United States with               
          respect to any calendar year if, at any time during such calendar           
          year, the individual is a lawful permanent resident of the United           
          States.  Sec. 7701(b)(1)(A)(i); sec. 301.7701(b)-1(b)(1), Proced. &         
          Admin. Regs.  An individual is a lawful permanent resident of the           
          United States at any time if (1) the individual has the status of           
          having been lawfully accorded the privilege of permanently residing         









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