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Test of Principal Residence in IRC #121
The determination of what constitutes a person’s principal residence under IRC #121 depends on many various factors and not only on where the person lives. This becomes a complicated question if someone resides in two or more properties for successive periods of time. Only one residence can be the principal residence. In addition to the person’s use of the property, according to Treasury Regulation 1.121-1(b) (2), other relevant factors used to determine principal residence include:
(1) the place of employment
(2) the principal place of above person’s family members
(3) the address listed on the person’s federal and state tax returns, driver’s license, auto registration , and voter registration card
(4) the person’s mailing address for bills and correspondence
(5) the location of the person’s banks
(6) the location of any religious organizations and recreational clubs to which the person belongs.