Stephen D. Podd - Page 11

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               place under such conditions that it is evident that the                
               stay is intended to be of short duration.                              
                    As regards the concept of home, it should be                      
               observed that any form of home may be taken into                       
               account * * *.  But the permanence of the home is                      
               essential; this means that the individual has arranged                 
               to have the dwelling available to him at all times                     
               continuously, and not occasionally for the purpose of a                
               stay which, owing to the reasons for it, is necessarily                
               of short duration * * *.                                               
               In the instant case, because the family home in Montreal was           
          available to him continuously during 1990, it appears that                  
          petitioner had a permanent home in Canada.  Several facts tend to           
          show that the Montreal home was petitioner's permanent home:                
          Petitioner had his own room in the home, where he stored many of            
          his personal belongings; petitioner kept his two cars in the                
          garage at the home; and petitioner maintained an office at the              
          home which he shared with his brother Stephen D. Podd.                      
               Because Ms. Cohen's apartment in Fort Lauderdale was                   
          available to petitioner continuously during 1990, however, it               
          also appears that petitioner had a permanent home in the United             
          States.  Several facts tend to show that Ms. Cohen's apartment              
          was petitioner's permanent home:  Petitioner stayed at Ms.                  
          Cohen's apartment on his frequent trips to Florida; petitioner              
          conducted business out of Ms. Cohen's apartment for which he used           
          a desk, a fax machine, and a mobile phone which he had installed            
          in the apartment; petitioner kept a car in Florida and docked his           
          boat at the marina servicing Ms. Cohen's apartment; and                     
          petitioner listed the address of Ms. Cohen's apartment as his own           
          address on the insurance policy covering his boat and on his                



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