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MATTER OF GOLDEN v. TULLY

58 N.Y.2d 1047 (1983)

In the Matter of Michael J. Golden et al., Respondents, v. James H. Tully, Jr., et al., Constituting the New York State Tax Commission, Appellants.

Court of Appeals of the State of New York.

Decided March 29, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Francis V. Dow and Peter H. Schiff of counsel), for appellants.

Michael J. Golden and Carol A. Golden, respondents pro se.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

In response to the taxpayers' demand for a bill of particulars, it was admitted that petitioners' nonresidence in "New York State was determinative of the disallowance of said moving expenses." No other rationale was then proffered to justify the discrepancy in treating residents and nonresidents...

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