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If the definition of a resident includes the term "no present intention of leaving" then what if someone has no permanent address but also plans to leave his or her current address to move to an undetermined place. Would that person not be a resident of the current state?

2006-11-23 16:31:16 · 6 answers · asked by presidentrichardnixon 3 in Politics & Government Law & Ethics

No state or territory, that is.

2006-11-23 16:39:25 · update #1

And suppose that person currently lives within some state in the U.S.

2006-11-23 16:44:32 · update #2

6 answers

You are using the wrong term. One can be a resident of many different states and/or countries.

It is the definition of DOMICILE (which in USA practice often equates to "citizen of a state" and "legal resident of a state") that includes "animus manendi" or intention of remaining indefinitely.

The definition is somewhat different (and domicile difficult to change, and therefore "sticky") in England and other Common Law countries including Canada. See In re Estate of Jones, http://tinyurl.com/ynho34

One can only be domiciled for a single purpose (and under the laws of a single place) in one jurisdiction.

But domicile, or legal residence, is relevant to many things including especially taxation, and also in-state tuition, voting, licenses of various kinds, eligibility for divorce, probate and so on. Many of these are not or no longer determined solely by domicile as various laws and Supreme Court decisions have eased eligibility.

Taxation is based in many or most states on domicile or residence and a "statutory" or "actual" resident is someone who has been present in the state for a certain number of days in the year -- perhaps 91. The Huckaby case is notorious: New York taxed a telecommuter who lived in Tennesse (which has no income tax on wages) and worked for a NY employer, visiting there occasionally:
http://www.taxfoundation.org/news/show/1316.html
http://www.courts.state.ny.us/reporter/3dseries/2005/2005_02413.htm

Several famous US Supreme Court decisions deal with multi-state taxation. One of the most famous concerns the estate of Ned Green (Hetty Green's son -- Hetty was during her life America's richest woman), where the estate tax by 5 states would have exceeded the value of the entire estate: http://supreme.justia.com/us/306/398/case.html

2006-11-23 16:56:09 · answer #1 · answered by Anonymous · 0 0

A United States citizen with no home in the United States would not be a resident of any state.

2006-11-23 16:41:54 · answer #2 · answered by James 7 · 0 0

if you reside in the District of Columbia, you are not the resident of any state

2006-11-23 16:37:03 · answer #3 · answered by Ford Prefect 7 · 0 0

Nope.

2016-05-22 21:37:23 · answer #4 · answered by Elaine 4 · 0 0

A person can be a stateless person if he has not established any domicile.

2006-11-23 16:33:14 · answer #5 · answered by FRAGINAL, JTM 7 · 0 0

peter griffin

2006-11-23 16:54:28 · answer #6 · answered by Spiderpig 3 · 0 0

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