- 14 - that petitioner would work in Los Angeles for more than 1 year. The record of this case, however, proves otherwise. Mr. Bell, who testified at trial, anticipated, in late 1993, that petitioner’s full-time services in Los Angeles would be required for at least 18 to 24 months in order to develop a "Rolls Royce accounting department" for Bellmark. Moreover, both petitioner and Mr. Bell agreed that the compensation arrangement of $100,000 per year plus living expenses was an open-ended arrangement on which no time limitation was placed. The Court is satisfied that it was certainly foreseeable, in late 1993, that petitioner’s full-time services in Los Angeles would be required beyond a period of 1 year. Additionally, petitioner’s full-time services in Los Angeles did exceed or extend beyond 1 year. On this record, the Court holds that petitioner’s employment in Los Angeles during 1994 was indefinite and not temporary. Since petitioner conducted business activities in both Los Angeles and Memphis during 1994, the Court deems it prudent to also examine whether petitioner's principal place of business during 1994 was Los Angeles or Memphis. In the event that a taxpayer possesses two places of business or employment separated by considerable distances, his choice of one as his tax home carries little weight. Instead, courts often apply an objective test in which they consider: (1) The length of time spent at eachPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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