October 6, 2022

Volume XII, Number 279

Advertisement

October 05, 2022

Subscribe to Latest Legal News and Analysis

October 04, 2022

Subscribe to Latest Legal News and Analysis

October 03, 2022

Subscribe to Latest Legal News and Analysis

Gaied v. New York State Tax Appeals – The New York State Court Of Appeals Finds That New York May Only Tax Taxpayers Who Maintain a Residence in New York For Personal Use

The New York Court of Appeals reversed a decision of the New York State Tax Appeals Tribunal (the "Tribunal") and rejected years of administrative interpretation regarding New York's statutory resident test. Under New York tax law, New York may impose its personal income tax on the worldwide income of an individual who is domiciled in another state if he or she: (i) maintains a permanent place of abode in New York for substantially all of the tax year and (ii) spends more than 183 days in New York.

The New York State Department of Taxation and Finance had traditionally taken the position that the taxpayer need not actually live in the abode to meet the first prong of the test. The Court of Appeals rejected this interpretation and held that in order to qualify as a permanent place of abode there must be some basis to conclude that the dwelling was utilized as the taxpayer's residence.

© 2022 Proskauer Rose LLP. National Law Review, Volume IV, Number 108
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Albert W Gortz, Proskauer Rose Law Firm, Personal Planning Attorney
Partner

Albert W. Gortz is a Partner in the Personal Planning Department and has been with the firm since 1970 and in the Florida office since he opened it in 1977.

561-995-4700
George D Karibjanian, Proskauer Rose Law Firm, Personal Planning Attorney
Senior Counsel

George D. Karibjanian is a Senior Counsel in the Personal Planning Department, resident in the Boca Raton office. George is Board Certified by the Florida Bar in Wills, Trusts & Estates and is a Fellow in the American College of Trust and Estate Counsel.

561-995-4780
David Pratt, Personal Planning Attorney, Proskauer Rose Law Firm,
Partner

David Pratt is a Partner in the Personal Planning Department and head of the Boca Raton office. His practice is dedicated exclusively to the areas of trusts and estates, estate, gift and generation-skipping transfer, fiduciary and individual income taxation and fiduciary litigation. He has extensive experience in estate planning and post-mortem tax planning. He has been asked to serve as an expert witness on several occasions, and has been referred to as a “seasoned trusts and estates lawyer” in a Florida Third District Court of Appeals Opinion

561-995-4777
Mitchell M Gaswirth, Proskauer Rose Law Firm, Tax Attorney
Partner

Mitchell M. Gaswirth is a Partner in the Tax Department. His practice focuses primarily on income, gift and estate tax and related business planning. Mitchell counsels individuals, entrepreneurs and business entities in connection with the various income and other tax issues which arise in sophisticated business transactions.

310-284-5693
Andrew M Katzenstein, Proskauer Law Firm, Personal Planning Attorney
Partner

Andrew M. Katzenstein is a Partner in the Personal Planning Department in the Los Angeles office where he assists high net worth individuals, companies and charitable organizations with all aspects of tax and estate planning. He focuses his practice on tax planning matters, which include estate, gift and generation-skipping tax planning, as well as income tax of trust planning, probate and trust administration matters, resolving disputes between fiduciaries and beneficiaries, and charitable planning

310-284-4553
Advertisement
Advertisement
Advertisement