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MTR FRANKLIN v. NYS TAX COMM

120 Misc.2d 404 (1983)

In the Matter of Leonard L. Franklin et al., Petitioners, v. New York State Tax Commission, Respondent.

Supreme Court, Special Term, Albany County.

August 12, 1983

Attorney(s) appearing for the Case

Leonard L. Franklin, pro se, and Leonard L. Franklin for petitioners. Robert Abrams, Attorney-General (Betsy Broder of counsel), for respondent.

EDWARD S. CONWAY, J.

This is an article 78 proceeding in which petitioners seek an order reversing respondent's determination of January 24, 1983 and directing that the State Tax Commission redetermine petitioner's tax for 1976.

Petitioners are husband and wife and prior to 1976 they lived in Texas. On January 1, 1976, Mr. Franklin moved to New York City. On July 29, 1976, Mrs. Franklin joined her husband and relocated in New York. On September...

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