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but the husband moved out of state for a job and spent the majority of his time in that state.
Did the husband still live in the house?

Did he change his drivers license address?
His voting registration?
His residence according to tax forms?
Or was he temporarily working away from his primary residence and had a second residence near his job?

From pub 523:
"If you were ever away from home, you need to determine whether that time counts towards your residence requirement. A vacation or other short absence counts as time you lived at home (even if you rented out your home while you were gone)."


So - what was his "home"?
Was he off working an oil rig for 3 months at a time, then came home to his wife? I can't see the IRS successfully arguing that doesn't count toward his residence requirement.
Nor if he was working 5 days a week at a different state, but was back for the weekends.

OTOH, if he moved to another state, never went to visit his wife, changed his drivers license, changed voting registration, used the tax form for resident of <state_he_works_in>, etc. I think the IRS could successfully argue that it wasn't his residence.
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