MoFo New York Tax Insights - Volume 2, Issue 7 - July 2011

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In this issue: Tribunal Reverses Itself in Gaied; Tribunal Finds No Responsible Person Liability; Court of Appeals to Hear Echostar Resale Appeal; Sales Tax Regulation on One-Week Rentals Invalidated by ALJ; Taxpayers Win at Tribunal in Two Capital Improvement Cases; Taxpayer Established Lower Cigar Prices; Dock Rentals Subject to CRT; Hosted Marketing Services Found Taxable; and Insights in Brief.

Excerpt from 'Tribunal Reverses Itself...':

In a decision that will undoubtedly generate further debate regarding the statutory residency rule, the New York State Tax Appeals Tribunal, in a majority decision, has taken the rare step of withdrawing its earlier decision, which involved the “permanent place of abode” definition, and reversing itself by holding that an individual’s Staten Island home occupied by his parents was, after all, his permanent place of abode for statutory residency purposes. Matter of John Gaied, DTA No. 821727 (N.Y.S. Tax App. Trib., June 16, 2011).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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