Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 1, 2015
The Firm
201-896-4100 info@sh-law.comLast week, the New York Division of Tax Appeals ruled that the New York Division of Taxation did not have the right to impose a non-resident income tax. This income tax against Patrick J. Carr, a nonresident lawyer, was voided because he is licensed to practice in New York. In the case, the Court ruled that Patrick J. Carr was not required to pay a $68,260 tax bill from the NY Division of Taxation.
The NY Division of Taxation aggressively enforces residency income audits on non-residents to ensure that they have properly changed their domicile. However, a recent case against the Florida-based lawyer, Patrick J. Carr, may result in the Division of Taxation changing its auditing rules regarding a non-resident income tax.
Carr was licensed to practice law in New York and New Jersey, but had retired to Florida. However, the NY Division of Taxation took exception to the fact that he continued to practice in Florida. This caused the Division of Taxation to audit Carr’s residency to determine if he had legally changed his domicile. Then, after conducting the audit, the Division of Taxation concluded that since Carr’s income was attributable to his licensure in New York state under Tax Law article 22, Section 631, all of his income was subject to New York income tax.
Although Carr is not licensed to practice law in the State of Florida, he was admitted pro hac vice in the Circuit Court of the 12th Judicial Circuit in Sarasota County, Florida. This pro hac vice status meant that Carr was given special permission to provide legal services on a specific case, despite the fact that he was not licensed in the state. Therefore, in the ruling, Administrative Law Judge Barbara J. Russo explained that the Division of Taxation could not “assert tax merely based on a New York license,” deeming the claim meritless and inconsistent with New York state tax regulations and judiciary laws.
The ruling was significant because it established a precedent for all nonresidents of New York state. Russo explained that non-residents who do not earn revenue or perform work or services in New York state, are not subject to state income tax, even if their profession is attributable to the state of New York.
What is unclear is whether other states will use the decision to tax the income in their state because it is not taxable in New York. Florida, which does not have an individual income tax, may not benefit from the decision but others states, facing deficits, may be more aggressive. Taxpayers should recognize that states may have different rules to source the place where income is earned. The two most common rules are the place of performance of services (e.g. contract research) or where the recipient obtaining the benefit of the service is located.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]
Author: Scarinci Hollenbeck, LLC
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!