MATTER OF BAKER v. COMMISSIONER OF TAXATION AND FINANCE


304 A.D.2d 1046 (2003)

758 N.Y.S.2d 210

In the Matter of GEORGE BAKER et al., Petitioners, v. COMMISSIONER OF TAXATION AND FINANCE et al., Respondents.

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

Decided April 24, 2003.


Lahtinen, J.

In 1990, petitioner Dolores Baker, then a New York City resident, won a multimillion dollar prize in the state lottery that was payable in annual installments. Petitioners moved to Florida in 1992 and became residents of that state. New York State and New York City income taxes were withheld from the 1996 lottery payment to Baker. In their 1996 nonresident income tax return, petitioners, who file jointly, claimed and received a refund for the New York...

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