From Casetext: Smarter Legal Research

Zinn v. Tully

Court of Appeals of the State of New York
Jul 6, 1981
426 N.E.2d 484 (N.Y. 1981)

Summary

In Matter of Zinn v. Tully (54 N.Y.2d 713, revg on dissenting opn below 77 A.D.2d 725, 726), the taxpayers retained and controlled substantial assets in New York and made frequent visits to New York for social and business purposes (see, also, Matter of Klein v. State Tax Comm., 43 N.Y.2d 812, affg on opn below 55 A.D.2d 982).

Summary of this case from Matter Bernbach v. Tax Comm

Opinion

Argued June 12, 1981

Decided July 6, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Joseph F. Carlino and Julian Jawitz for respondents.



Judgment reversed, with costs, and the determination of the State Tax Commission reinstated for the reasons stated in the dissenting memorandum by former Justice LOUIS M. GREENBLOTT at the Appellate Division ( 77 A.D.2d 725, 726).

Chief Judge COOKE and Judges JASEN, JONES, FUCHSBERG and MEYER concur; Judges GABRIELLI and WACHTLER dissent and vote to affirm for the reasons stated in the majority memorandum at the Appellate Division ( 77 A.D.2d 725).


Summaries of

Zinn v. Tully

Court of Appeals of the State of New York
Jul 6, 1981
426 N.E.2d 484 (N.Y. 1981)

In Matter of Zinn v. Tully (54 N.Y.2d 713, revg on dissenting opn below 77 A.D.2d 725, 726), the taxpayers retained and controlled substantial assets in New York and made frequent visits to New York for social and business purposes (see, also, Matter of Klein v. State Tax Comm., 43 N.Y.2d 812, affg on opn below 55 A.D.2d 982).

Summary of this case from Matter Bernbach v. Tax Comm
Case details for

Zinn v. Tully

Case Details

Full title:In the Matter of SOLOMON ZINN et al., Respondents, v. JAMES H. TULLY, JR.…

Court:Court of Appeals of the State of New York

Date published: Jul 6, 1981

Citations

426 N.E.2d 484 (N.Y. 1981)
426 N.E.2d 484
442 N.Y.S.2d 990

Citing Cases

Matter of McKone v. St. Tax Comm. of St.

rly, when the taxpayer returned to this State because of his wife's ill health, after he had acquired a large…

Kennedy v. New York State Income Tax Bureau

Petitioners have relied mainly on the majority decision of this court in Matter of Zinn v Tully ( 77 A.D.2d…