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MATTER OF PHILLIPS v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE

267 A.D.2d 927 (1999)

700 N.Y.S.2d 566

In the Matter of KENNETH PHILLIPS et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Respondents.

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

Decided December 30, 1999.

Mercure, J.

Petitioner Kenneth Phillips (hereinafter petitioner), a resident of Pennsylvania, worked from 1988 to 1995 as a municipal bond salesperson in the municipal bond department of Lehman Brothers, Inc., a New York City firm. Because petitioner's unique services required that he be able to analyze and monitor markets and execute trades at any time of the day or night, Lehman provided petitioner with a home office equipped with

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