Rudolph Stephen Heretick, Jr. - Page 7

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          same language.  In enacting section 12(c), Congress intended that           
          section:                                                                    

               to apply where the taxpayer and such other members of the              
               household live together in such household * * * (except for            
               temporary absences due to special circumstances).  The fact            
               that a child may be at college during the college term does            
               not prevent the home of the taxpayer from also constituting            
               the principal place of abode of the child.  However, such              
               home will not be considered as the principal place of abode            
               where the child establishes a separate habitation and only             
               returns for periodic visits. * * * [H. Rept. 586, 82d Cong.,           
               1st Sess. (1951), 1951-2 C.B. 434; emphasis added.]                    

          Manning v. Commissioner, 72 T.C. 838, 840 (1979).                           
               In this case, for Maggie's absence to be "temporary" and for           
          petitioner's household to be considered the principal place of              
          abode for his daughter, petitioner must meet the following three            
          requirements:  (1) The special circumstances or necessity of the            
          absence must be a type intended by the statute; (2) it must be              
          reasonable for petitioner to assume his daughter would return to            
          the household; and (3) petitioner must have maintained the                  
          household in anticipation of such return.  Id. at 840-841.                  
               The record does not support a conclusion that Maggie's                 
          absence from petitioner's home was temporary during 1999.  Maggie           
          completed her undergraduate degree during 1999 at Richmond,                 
          Virginia, where she lived and worked part-time for 4 years.  She            
          chose to stay in Richmond not only to continue working part-time            
          but also to obtain an advanced degree.  More importantly, there             






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