- 30 - Thus, where, at the time a determination of abode must be made, it cannot be determined whether a person’s absence is permanent, the absence will be ignored if it is reasonable to assume that the person will return.1 For instance, assume that petitioner had been arrested on strong evidence of child abuse. At the time of her arrest, or at any time thereafter while the household still existed and she remained in jail, no one could say with certainty that her absence was permanent. Given the strong evidence of child abuse, however, it would be reasonable to assume that her absence would be permanent, no matter how the charges against her were resolved. In contrast, it might be unreasonable to make the same assumption if the only charge against her were that she had stolen money that she had expended on support for her children.2 D. Hein v. Commissioner In Hein v. Commissioner, 28 T.C. 826 (1957), a Court- reviewed opinion, we held that a lack of a showing of the intent permanently to abide elsewhere is dispositive of the issue 1 And, in circumstances not here pertinent, the taxpayer continues to maintain the household or a substantially equivalent household in anticipation of her or her co-occupant’s return. Sec. 1.2-2(c)(1), Income Tax Regs. 2 If it is reasonable to assume that a taxpayer absent from her household on account of a special condition will return to the household, then her death prior to her return (making her absence permanent) would not seem to be a disabling factor because of the language of sec. 1.2-2(c)(1), Income Tax Regs., dealing with death during the taxable year.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011