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MATTER OF FRANKLIN v. NEW YORK STATE TAX COMM'N

101 A.D.2d 949 (1984)

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

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

May 17, 1984

¶ Petitioners moved to New York City on January 1, 1976 and July 29, 1976, respectively. On September 18, 1976, they realized a net long-term capital gain of $26,004.50 from the sale of a jointly owned office building located in Texas. Their failure to file a New York State income tax return for 1976 caused the Department of Taxation and Finance to calculate their liability and issue a notice of deficiency for personal income tax, together with interest and penalties...

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