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MTR. OF BODFISH v. GALLMAN

50 A.D.2d 457 (1976)

In the Matter of Louis R. Bodfish et al., Petitioners, v. Norman F. Gallman et al., Constituting The New York State Tax Commission, Respondents

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

January 22, 1976

Attorney(s) appearing for the Case

Sayles, Evans, Brayton, Palmer & Tifft (Edward B. Hoffman of counsel), for petitioners.

Louis J. Lefkowitz, Attorney-General (John F. Forner, Jr., and Ruth Kessler Toch of counsel), for respondents.

HERLIHY, P. J., KANE, KOREMAN and MAIN, JJ., concur.

GREENBLOTT, J.

Petitioners filed New York resident income tax returns for the year 1970 but did not include income received by Louis R. Bodfish while employed in Pakistan from February, 1970 to December 31, 1970. On September 22, 1972, the Income Tax Bureau issued a statement of audit changes against petitioners imposing personal income tax on the income earned in Pakistan, on the ground that petitioners had not changed their domicile and were residents...

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