Pieter Weyts - Page 8




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          with the primary purpose to pursue a course of study.                       
               To determine residency, an alien individual is a resident of           
          the United States for Federal income tax purposes if the                    
          individual meets the “substantial presence test”.  Sec.                     
          7701(b)(1)(A)(ii).  “[A]n individual meets the substantial                  
          presence test * * * if--(i) such individual was present in the              
          United States on at least 31 days during the calendar year, and”            
          applying a mathematical formula, was present during the current             
          year and the preceding 2 years for 183 days or more.  Sec.                  
          7701(b)(3)(A).                                                              
               However, an individual is not treated as being in the United           
          States if the “individual is an exempt individual for such day”.            
          Sec. 7701(b)(3)(D)(i).  An exempt individual is, inter alia, “a             
          student”.  Sec. 7701(b)(5)(A)(iii).  A student is an individual             
          “who is temporarily present in the United States–-(I) under                 
          subparagraph (F) or (M) of section 101(15) of the Immigration and           
          Nationality Act” and “who substantially complies with the                   
          requirements for being so present.”  Sec. 7701(b)(5)(D)(i) and              
          (ii).                                                                       
               During the year 2000, petitioner was present in the United             
          States under subparagraph (F) of section 101(15) of the                     
          Immigration and Nationality Act, 8 U.S.C. sec. 1101(a)(15)(F)(i)            
          (2003), commonly referred to as an (F)(1) visa.  Thus, petitioner           
          was a “student” during 2000, and was not considered to be a                 






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