Robert Lyle Verity - Page 14

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          Australia; (2) he kept all his personal belongings in storage in            
          Colorado; (3) he maintained Unix’s “business headquarters” and              
          bank account in Colorado, which indicate his personal desire to             
          return to Colorado; and (4) he lived in the condominium when he             
          returned from Australia.  On the other hand, respondent contends            
          that Australia was petitioner’s tax home.  We agree with                    
          respondent.                                                                 
               There is ample evidence in the record to support the                   
          conclusion that petitioner’s condominium in Avon, Colorado, did             
          not constitute his primary personal residence.  Petitioner lived            
          in the condominium for only 5 days before departing the United              
          States in 1999 and only 11 days after he returned from Australia            
          in 2000.  It appears that petitioner resided in the condominium             
          in 1999 for 5 days because it was between the time that he sold             
          the Aurora home, in which he resided for approximately 3 years              
          before departing the United States, and his departure to                    
          Australia.  In fact, petitioner did not move any of his personal            
          belongings into the condominium, but rather placed them in                  
          storage.9  In 2000, petitioner resided in the condominium between           
          the time he returned from Australia and moved into an apartment             
          in Denver, Colorado.  Living temporarily in the condominium for 5           

               9  Petitioner testified at trial that he kept some personal            
          belongings in the condominium.  We note, however, that petitioner           
          maintained the condominium as a fully-furnished rental property.            
          As such, petitioner did not move his personal belongings from the           
          Aurora home to the condominium before relocating to Australia.              




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