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MATTER OF KERN v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

240 A.D.2d 969 (1997)

659 N.Y.S.2d 140

In the Matter of Ralph Kern et al., Petitioners, v. Tax Appeals Tribunal of the State of New York et al., Respondents

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

June 26, 1997

Crew III, J.

At all times relevant to this proceeding, petitioners Ralph Kern (hereinafter Kern) and Leona Kern were domiciled in the Town of Scarsdale, Westchester County, and maintained an apartment in New York City. For tax year 1987, petitioners filed a nonresident New York City personal income tax return indicating that they did not have a permanent place of abode in New York City. Following an audit, Kern was found to be a statutory resident of...

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