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


251 A.D.2d 764 (1998)

674 N.Y.S.2d 158

In the Matter of Sash A. Spencer 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 11, 1998


White, J.

In 1989, petitioner Sash A. Spencer (hereinafter Spencer), a Florida resident, received a guaranteed payment of $1,349,832 for his interest in a New York partnership. Petitioners reported the payment as ordinary income on their 1989 Federal income tax return, but did not do so on their 1989 New York State "nonresident and part-year resident" income tax return. The State Department of Taxation and Finance determined that they should have and...

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