People v. Bates
Opinion of the Court
Proceeding under article 78 of the Civil Practice Act to review a determination of the State Tax Commission. Prior to August of 1942 the petitioner lived with his wife in an apartment in New York City. In that month he was appointed to a position in the Federal service and petitioner went to Washington where he remained until July, 1945. In Washington he lived first in a hotel and later in a furnished room in a private home. His wife remained in the New York apartment and took over the rental of it, but the apartment remained accessible to petitioner and he made continuous contributions to his wife’s general support. When his Federal appointment terminated in July, 1945, he returned to live in the New York apartment. Petitioner maintains the view that during the period he was staying in Washington he was not subject to the New York State income tax. The Tax Commission takes a different view about this, and the question turns upon a construction of subdivision 7 of section 350 of the Tax Law. The term “resident” is defined in language of general inclusion, as “any person domiciled in the state ”« There follows an exception as to some persons
Case-law data current through December 31, 2025. Source: CourtListener bulk data.