This Article explores the question of when does a nonimmigrant alien establish a United States domicile and, thus, a residence subjecting him to estate and gift tax. The authors argue that the case law, in both the tax and immigration fields, gives only a partial answer to that question, and identifies only the G-4 visa holder as capable of establishing a domicile, but fail to include other categories. The authors recommend that regulations be promulgated to delineate whether and under what circumstances each category of nonimmigrant aliens may, if at all, establish a United States domicile.
Leon Wildes & David Grunblatt,
Domicile for Immigration and Federal Gift and Estate Tax Purposes--Is a Harmonious Rule Possible,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol21/iss1/6