John H. Whitehouse and Carol A. Whitehouse v. Commissioner of Internal Revenue

This appeal springs from a decision of the Tax Court. The government, contending that venue properly lies in the Second Circuit, has moved to transfer.

Venue over appeals from decisions of the Tax Court is governed by 26 U.S.C. § 7482(b). In “the case of a petitioner ... other than a corporation,” venue lies in the circuit in which the petitioner’s “legal residence” is located. 26 U.S.C. § 7482(b)(1)(A). Thus, the essential question is: where do the Whitehouses “reside?”

According to the petition that the White-houses filed in the Tax Court, their legal residence is in West Suffield,…