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Petitioner had purchased a round-trip ticket with a fixed
return date of or about March 2, 2000. Petitioner obtained a 1-
year business visa, which required him to depart Australia every
3 months for a short period.3 When he arrived in Australia,
petitioner opened a bank account at an Australian bank.4
Petitioner, however, received payment for his consulting services
performed in Australia by wire transfer to his business bank
account in Colorado.
On April 16, 1999, petitioner and Melissa Lynch (Ms. Lynch)
entered into a residential tenancy agreement to rent a furnished
three-bedroom apartment located at 31/51 The Crescent Manly in
Manly, Sydney, Australia. The term of this lease agreement was 6
months, beginning on April 22 through October 21, 1999.
In June 1999, petitioner switched to another outsourcing
agency called e-TECH Pty Ltd. (e-TECH). On June 21, 1999, e-
TECH, UNIX (as the subcontractor), and petitioner (as the
assigned worker) entered into a subcontractor agreement wherein
e-TECH agreed to provide petitioner’s services to Hewlett Packard
Australia Limited. The term of this agreement was 3 months,
beginning on July 5 through October 11, 1999. This contract was
renewed and continued until petitioner’s departure from Australia
3 For these departures, petitioner went to New Zealand,
Fiji, and Singapore.
4 After returning to the United States, petitioner did not
close this account.
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Last modified: May 25, 2011