Byron, who lived in New Hampshire, acquired a personal residence ten years ago when he was 52 years old. During this period he has occupied the residence for only eight months (out of 12) each year due to winter vacations in Florida. Is Byron eligible for exclusion of gain under ยง 121?
Yes, temporary absences such as vacations do not invalidate the requirement that the taxpayer use the house as a principal residence for at least two years during the five-year period ending on the date of the sale.
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