Anthony J. Taylor - Page 8




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          petitioner filed his Federal income tax returns using a Florida             
          address and did not file New Jersey State income tax returns                
          after he stopped doing business in New Jersey.                              
               Whether a taxpayer’s residence qualifies as the taxpayer’s             
          principal residence for purposes of section 121 is a question of            
          fact that is resolved with reference to “all the facts and                  
          circumstances in each case, including the good faith of the                 
          taxpayer.”  Sec. 1.1034-1(c)(3)(i), Income Tax Regs.; see also              
          Thomas v. Commissioner, 92 T.C. 206, 244 (1989); Clapham v.                 
          Commissioner, 63 T.C. 505, 508 (1975); sec. 1.121-3(a), Income              
          Tax Regs.                                                                   
               The factors relied upon by respondent in support of his                
          position are certainly relevant to the question before us, but              
          they are not determinative, particularly when weighed against               
          petitioner’s explanation for each event, his personal situation             
          during the relevant periods, and petitioner’s use of the New                
          Jersey residence, as his residence for the entire time that he              
          owned it.                                                                   
               The New Jersey residence was purchased by petitioner for use           
          as a personal residence and it was consistently owned and used by           
          him for that purpose until he sold it.  It remained fully                   
          furnished, and the majority of petitioner’s personal property was           
          located there until it was sold.  The New Jersey residence was              
          never rented to others or held for rent to others.  Nor was it              






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