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MATTER OF McKONE v. STATE TAX COMM'N OF THE STATE OF NEW YORK

111 A.D.2d 1051 (1985)

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

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

June 20, 1985

Harvey, J.

The only issue in this controversy is whether petitioners were domiciliaries of New York during the entire year of 1976. They contend that they were nondomiciliaries until they actually moved here from Canada on August 13, 1976. If their contention is accepted, there is no basis for an assessment of a deficiency of personal income tax. Respondent determined that petitioners became domiciled in New...

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