Stephen D. Podd - Page 14

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               frequently.  For this purpose regard must be had to                    
               stays made by the individual not only at the permanent                 
               home in the State in question but also at any other                    
               place in the same State.                                               
                                                                                     
               Accordingly, where doubt exists as to an individual's                  
          "[center] of vital interest", the commentary tips the balance in            
          favor of the country where the individual stays most frequently.            
          During 1990, petitioner spent only 120 days in Montreal; he spent           
          the remainder of the year in the United States, including 160               
          days in Florida and 50 days in South Carolina.  Because                     
          petitioner spent more time in the United States than in Canada              
          during 1990, it appears that petitioner had a habitual abode in             
          the United States.  On the basis of the analysis above, we think            
          that, even if we had applied the Canada Convention in the instant           
          case, petitioners would not have established that petitioner was            
          a Canadian, as opposed to a U.S., resident for tax purposes                 
          during 1990.                                                                
               We have carefully considered the parties' remaining                    
          arguments and find them to be either without merit or unnecessary           
          to reach.  Because petitioners have not shown that this Court               
          committed substantial error in deciding the instant case, we deny           
          petitioners' motion for reconsideration.                                    
               On the basis of the foregoing,                                         

                                                  An appropriate order                
                                             will be issued.                          





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