Legal Opinion

Rothfeld v. Graves

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 1942PublishedCited by 5 opinions

1Opinion of the CourtFoster, J.

This is a proceeding to review a determination of the State Tax Commission which held the income of an incompetent, admittedly a domiciliary of New York but hving elsewhere, to be taxable. Within limitations not pertinent here an income tax is imposed upon every resident of the State. The statute, however, *55in defining a resident marks out this exemption: “ The word ‘ resident ’ applies only to natural persons and includes any person domiciled in the State, except a person who, though domiciled in the State, maintains no permanent place of abode within the State, but does maintain a permanent…

2Cases cited1 opinion

  1. People ex rel. Central Union Trust Co. v. WendellAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by5 opinions

  1. Ratkowsky v. BrowneAppellate Division of the Supreme Court of the State of New York · 1944
  2. First Trust & Deposit Co. v. GoodrichNew York Court of Appeals · 1957
  3. Lane v. GallmanAppellate Division of the Supreme Court of the State of New York · 1975
  4. In re the Estate of BriaticoNew York Surrogate's Court · 1949
  5. First Trust & Deposit Co. v. GoodrichAppellate Division of the Supreme Court of the State of New York · 1956

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