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Petitioner Was Domiciled in New York at Time of Stock Sale; Taxes Owed to New York

In affirming the Tax Appeals Tribunal’s determination that petitioner was domiciled in New York when she sold shares of stock resulting in $2 million in capital gains, the Third Department explained the relevant principles:

…[A]n individual is a resident of this state for income tax purposes when that individual is domiciled in New York (see Tax Law § 605 [b] [1] [A]).   A domicile “is the place which an individual intends to be such individual’s permanent home” (20 NYCRR 105.20 [d] [1]) and, “once established[, a domicile] continues until the individual in question moves to a new location with the bona fide intention of making such individual’s fixed and permanent home there” (20 NYCRR 105.20 [d] [2]; see Matter of Newcomb, 192 NY 238, 250 [1980]).  “Domicile is established by physical presence and intent”… .  “No single factor is controlling and the unique facts and circumstances of each case must be closely considered” … .  “The fact that a person registers and votes in one place is important but not necessarily conclusive, especially if the facts indicate that such individual did this merely to escape taxation” (20 NYCRR 105.20 [d] [2]). The party seeking to establish a change in domicile must carry the burden of doing so by clear and convincing evidence … .  Upon review, this Court will defer to the Tribunal’s determinations regarding witness credibility and the weight to be accorded the evidence …, and the Tribunal’s determination will be confirmed if it is “rationally based upon and supported by substantial evidence” … . Matter of Ingle v Tax Tribunal of the Department of Taxation…, 514245 3rd Dept 10-31-13

 

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