Ausbrooks v. Chu

OPINION OF THE COURT

Jasen, J.

The issue presented upon this appeal is whether losses of limited partnerships claimed upon petitioners’ personal income tax returns were properly disallowed by the Tax Commission on the basis that said partnerships were not carrying on a business with a fair measure of permanency and continuity in New York State and New York City and that, therefore, the partnership losses were not derived from or connected with New York sources.

During the years in question — 1971, 1972 and 1977 — petitioners Stanley N. Ausbrooks and Virginia Ausbrooks were nonresidents of New…