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MATTER OF OBUS v. NEW YORK STATE TAX APPEALS TRIB.

533310.

206 A.D.3d 1511 (2022)

172 N.Y.S.3d 493

2022 NY Slip Op 04206

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

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York City (Glenn Newman of counsel), for petitioners.

Letitia James, Attorney General, Albany (Owen Demuth of counsel), for Commissioner of Taxation and Finance, respondent.

Clark, J.P., Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.

In April 2016, after an audit, a notice of deficiency was issued to petitioners from the Department of Taxation and Finance (hereinafter the Department) stating that they owed additional income taxes, plus interest and penalties, for the 2012 and 2013 tax years. It is undisputed that petitioners were domiciled in New Jersey but owned...

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