- 7 - 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 itPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011