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tralala schrieb am 9. Juli 2003 um 21:03 Uhr (825x gelesen):

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SLOTKIS CASE

Division of Tax Appeals

State of New York

IN THE MATTER OF THE PETITION OF BEN AND EVELYN SLOTKIS

for Redetermination of a Deficiency or for Refund of
Personal Income Tax under

Article 22 of the Tax Law for the Year 1997

DTA No. 817952

March 7, 2002

DETERMINATION

Petitioners, Ben and Evelyn Slotkis, 151 East 31 superst
Street, #23H, New York, New York 10016, filed a petition
for redetermination of a deficiency or for refund of
personal income tax under Article 22 of the Tax Law for
the year 1997.

A hearing was held before Thomas C. Sacca, Administrative
Law Judge, at the offices of the Division of Tax Appeals,
641 Lexington Avenue, New York, New York, on April 12,
2001 at 10:30 A.M., with all briefs to be submitted by
September 14, 2001, which date began the six-month period
for the issuance of this determination. Petitioners
appeared by Norma Hack, Esq. The Division of Taxation
appeared by Barbara G. Billet, Esq. (Michelle M. Helm,
Esq., of counsel).

ISSUE

Whether the Division of Taxation properly determined that
petitioners were domiciliaries of New York State for the
year at issue and were, therefore, taxable as resident
individuals.

FINDINGS OF FACT

1. For the year 1997 petitioners, Ben and Evelyn Slotkis,
filed a New York State Resident Income Tax Return, Form
IT-201, dated May 11, 1998. Accompanying the return was an
Application for Automatic Extension of Time to File for
Individuals, Form IT-370, which extended the due date for
their return to August 15, 1998. Petitioners indicated as
their address "9599 Weldon Circle, Tamarac, FL 33321," and
their New York County of Residence to be "Kings."

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