Robert B. and Betty D. Harris - Page 15




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          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 each           





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