Vanessa K. Bernardo - Page 24

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          that she performed at the clubs without compensation in order to            
          make herself and her talent known to club owners and record                 
          producers, or, as she put it, “to get my name out there.”  In               
          that way she hoped eventually to establish herself as a paid                
          performer in the clubs and, ultimately, be in a position to                 
          record and release hit records through her own label, Cool G                
          Records.                                                                    
               Melissa’s testimony strongly implies that, had she                     
          succeeded, in 1999, in obtaining regular, paid work as a                    
          performer in Los Angeles area clubs, she would have stayed there            
          indefinitely in order to pursue her career as a recording artist.           
          Therefore, the evidence is inconsistent with petitioner’s                   
          position that her home in Irvine was Melissa’s principal place of           
          abode and that Melissa’s trips to Los Angeles and the Hollywood             
          premises were “temporary absences * * * due to special                      
          circumstances.”9  Because petitioner has failed to demonstrate              
          that her home in Irvine constituted Melissa’s principal place of            
          abode for more than 6 months during 1999, we find that petitioner           



               9  On brief, petitioner argues that, during 1999, Melissa              
          retained her key to the front door of petitioner’s home in                  
          Irvine, left her furniture, clothing, and personal records there,           
          and continued to receive her mail there.  Those facts are not               
          reflected in the record, but, even if they were, they would be              
          equally consistent with the view that Melissa, having moved to              
          the Los Angeles area, asked her mother to retain her furniture,             
          personal effects, and mail until she was “settled” and                      
          financially able to sustain herself in Los Angeles.                         





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