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MATTER OF SPENO v. GALLMAN

35 N.Y.2d 256 (1974)

In the Matter of Peggie B. Speno et al., Appellants, v. Norman F. Gallman et al., Constituting the State Tax Commission, Respondents.

Court of Appeals of the State of New York.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Joseph H. Murphy and John E. Dobbertin for appellants.

Louis J. Lefkowitz, Attorney-General (Vincent P. Molineaux and Ruth Kessler Toch of counsel), for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, RABIN, STEVENS and WITMER concur.

WACHTLER, J.

Frank Speno, Jr. and his wife Peggie B. Speno, residents of Summit, New Jersey, filed joint New York State nonresident income tax returns for the years 1960 and 1961. During these years Mr. Speno was the president of the Frank Speno Railroad Ballast Cleaning Co., Inc., which had its principal office in Ithaca, N. Y. with additional offices in Syracuse, N. Y. and Geneva, Switzerland. Although he was...

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