- 12 - Section 1.871-4, Income Tax Regs., sets forth the rules of evidence that further govern the determination of an alien’s residence: Sec. 1.871-4. Proof of residence of aliens. (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax. (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien. (c) Presumption rebutted. * * *. (2) Other aliens. In the case of other aliens, the presumption as to the alien’s nonresidence may be overcome by proof-- (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or (ii) That the alien has filed Form 1078 or its equivalent; or (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident. First, although it is unclear from the record before us whether the elder Nwankwos filed a declaration of their intentions or Forms 1078, Certificate of Alian Claiming Residence in the United States, we are satisfied that the elder Mrs. Nwankwo, through both deed and word, desired to remain permanently in the United States. Petitioners testified that Caroline Nwankwo spoke of her desire never to return to Nigeria,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011