Legal Opinion

Lunding v. Tax Appeals Tribunal

New York Court of Appeals

Decided December 18, 1996PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

In this combined action for a declaratory judgment and CPLR article 78 relief petitioners challenge the constitutionality of Tax Law § 631 (b) (6), which disallows nonresidents a full deduction for alimony payments from their New York State income tax liability. The central question before us is whether Tax Law § 631 (b) (6) violates the Privileges and Immunities Clause of the United States Constitution. We conclude the statute is constitutional.

Petitioners Christopher H. Lunding and his wife Barbara J. Lunding are Connecticut residents. In 1990, Mr.…

2Cases cited15 opinions

  1. Lehnhausen v. Lake Shore Auto Parts Co.Supreme Court of the United States · 1973
  2. Toomer v. WitsellSupreme Court of the United States · 1948
  3. Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
  4. Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.Supreme Court of the United States · 1981
  5. Shaffer v. CarterSupreme Court of the United States · 1920

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3Cited by5 opinions

  1. Lunding v. New York Tax Appeals TribunalSupreme Court of the United States · 1998
  2. Lichtenstein v. EmersonAppellate Division of the Supreme Court of the State of New York · 1998
  3. Consolidated Rail Corp. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1997
  4. Lunding v. New York Tax Appeals TribunalSupreme Court of the United States · 1998
  5. Lunding v. New York Tax Appeals TribunalSupreme Court of the United States · 1998

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