Robert Lyle Verity - Page 13

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          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 to                     






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