- 12 - into short-term employment contracts; the Getnere contract was only for 3 months and the e-TECH contract was initially for 3 months, but it was extended for an additional 5 months. Petitioner also entered into short-term lease agreements for 6 month durations. Respondent, however, argues that petitioner would have stayed in Australia if he had work. Admittedly, petitioner testified at trial that his contracts could be extended and that if he had additional work, he could have obtained another visa to stay in Australia. Notwithstanding, the fact of the matter is that petitioner’s e-TECH contract was not extended, he did not receive additional work, and he immediately returned to the United States in less than 1 year. In light of the nature of his business and the foreign location where he performed his work, termination of petitioner’s employment could be foreseen within a reasonably short period of time. Accordingly, we conclude that petitioner’s employment in Australia was temporary under the facts and circumstances of this case. B. Tax Home We next decide where petitioner’s tax home was for the relevant period. Petitioner contends that his tax home was his condominium in Avon, Colorado. In support of his contention, petitioner relies on the following factual predicate: (1) Petitioner lived in the condominium before departing toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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