Legal Opinion
Robert R. Burton v. New York State Department of Taxation and Finance
New York Court of Appeals
Decided July 1, 2015No. 115PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
Plaintiffs, nonresident shareholders in an S corporation, challenge under New York Constitution, article XVI, § 3 a tax imposed on their pro rata share of gains from the sale of the corporation’s stock. We conclude that there is no constitutional bar to taxation of a nonresident’s New York-source income earned from a stock sale, and therefore affirm.
L
The facts are not in dispute. Plaintiffs are several nonresident former owners and shareholders of JBS Sports, Inc., a Tennessee business organized as an S corporation for federal and New York State tax purposes. An…
2Cases cited10 opinions
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- Graves v. ElliottSupreme Court of the United States · 1939
- Powell v. GleasonArizona Supreme Court · 1937
- Ampco Printing-Advertisers ' Offset Corp. v. City of New YorkNew York Court of Appeals · 1964
- Matter of Carey v. MortonNew York Court of Appeals · 1948
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3Cited by5 opinions
- Philip Caprio v. New York State Department of Taxation and FinanceNew York Court of Appeals · 2015
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- Hernandez v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019
- Jennifer White v. Andrew CuomoNew York Court of Appeals · 2022