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For example, if an individual owns homes in New York and
Florida, spending 7 months of the year in the New York home, and
5 months in the Florida home, absent facts and circumstances
indicating otherwise, the New York home is the individual’s
principal residence for all of the year. Sec. 1.121-1(b)(4),
Example (1), Income Tax Regs. In contrast, if an individual who
owns homes in Maine and Montana, lives in the Maine home for 2
years, then lives in the Montana home for 2 years, and then
returns to Maine, each house is her principal residence while she
lives there. Sec. 1.121-1(b)(4), Example (2), Income Tax Regs.
In addition to the use of the property, other relevant
factors in determining a taxpayer’s principal residence, include,
but are not limited to:
(i) The taxpayer’s place of employment;
(ii) The principal place of abode of the
taxpayer’s family members;
(iii) The address listed on the taxpayer’s federal
and state tax returns, driver’s license, automobile
registration, and voter registration card;
(iv) The taxpayer’s mailing address for bills and
correspondence;
(v) The location of the taxpayer’s banks; and
(vi) The location of religious organizations and
recreational clubs with which the taxpayer is
affiliated.
Sec. 1.121-1(b)(2), Income Tax Regs.
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Last modified: March 27, 2008