Retired mom has property in TX. In 2018 she lived primarily with me in CA due to surgery. She plans to return when she recovers. Is her "residence" Texas or California?
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Retired mom has property in TX. In 2018 she lived primarily with me in CA due to surgery. She plans to return when she recovers. Is her "residence" Texas or California?

 
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Level 15

Retired mom has property in TX. In 2018 she lived primarily with me in CA due to surgery. She plans to return when she recovers. Is her "residence" Texas or California?

A taxpayer is presumed to be California resident if the taxpayer is present in California for at least nine months.

The presumption is a statutory presumption which is rebutted by satisfactory evidence that the taxpayer is present in California for temporary or transitory purposes.  I believe that her surgery and subsequent care would qualify her as CA nonresident.


Level 15

Retired mom has property in TX. In 2018 she lived primarily with me in CA due to surgery. She plans to return when she recovers. Is her "residence" Texas or California?

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