Stephan Bartsch and Eva Bartsch, a.k.a. Eva Pott Bartsch - Page 8

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          residence; and (2) of traveling, including lodging, from the                
          former residence to the new place of residence.  Sec. 217(b)(1).            
               A.  Cost of Moving Household Goods From Zurich to Saigans              
               For purposes of section 217, “former residence” refers to              
          the taxpayer’s principal residence before his departure for his             
          new principal place of work.  Sec. 1.217-2(b)(8), Income Tax                
          Regs.  Principal residence does not include other residences                
          owned or maintained by the taxpayer or members of the taxpayer’s            
          family.  Id.  Whether property is used by the taxpayer as his               
          principal residence depends upon all the facts and circumstances            
          in each case.  Id.                                                          
               Before his June 1999 move to Berkeley, petitioner lived in             
          New York City.  Petitioner had lived and worked in New York City            
          since completing his Ph.D. degree in 1997.  Additionally,                   
          petitioner’s employment at Columbia University was not a                    
          temporary position.  On the basis of the record, we find that               
          petitioner’s former residence before his move to Berkeley was New           
          York City, not Zurich.  Therefore, we hold that petitioner is not           
          entitled to deduct the cost of moving any household goods from              
          Zurich to Saigans.  See sec. 217(b)(1)(A).                                  
               B.  Petitioner’s Cost of Traveling From Zurich to San                  
               Francisco                                                              
               The travel cost from the former residence to the new place             
          of residence is a deductible moving expense.  See sec.                      
          217(b)(1)(B).                                                               





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