Section of Taxation
Submission to the Internal Revenue Service

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Specific Comments on the Proposed Section 121 Regulations
(Reg-105235-99; October 10, 2000)

May 1, 2001

I.  Definition of a Principal Residence

Comments

  1. Medical Care Should Constitute a Temporary Absence
  2. In addition to vacation or other seasonal absence, another common reason for a temporary absence from a home is for medical care.

    Recommendation: The last sentence of Prop. Reg. §1.121-1(c) should be modified to read: “However, short temporary absences, such as for vacation, seasonal absence, or medical care (although accompanied with rental of the residence), are counted as periods of use.”

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