MATTER OF OXNARD v. MURPHY


19 A.D.2d 138 (1963)

In the Matter of James G. Oxnard, Petitioner, v. Joseph H. Murphy et al., Constituting The State Tax Commission, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1963.


Attorney(s) appearing for the Case

Ryan & Le Viness (James W. O'Neil, Jr., and Mark J. Ryan of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Paxton Blair of counsel), for respondents.

BERGAN, P. J., COON, REYNOLDS and TAYLOR, JJ., concur.


GIBSON, J.

Petitioner, a nonresident, seeks refunds of personal income taxes paid upon executor's commissions received by him from an estate administered in New York. The application was decided by the commission upon a stipulated statement of facts, from which it appears, among other things, that at all times relevant to the issues in this proceeding petitioner was a resident of New Mexico, was not a domiciliary...

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