This. Not my finest wording, but as an unbiased observer, that is how it looks. And you can be sure that if the IRS is going to be biased, it sure as hell isn't going to be in your favor.
It matters though because they didn't change their designation before acting differently, which would make them liable. Not sure to whom they'd be liable though, other than the IRS.
Can't promise the IRS would see it that way. This is just something I'm not sure about, but my wife was an immigrant to the US and they weren't shy about asking her about foreign assets.
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