Wynne Decision Boon To NYC Pied-A-Terre Owners - McDermott Will & Emery

Wynne Decision Boon To NYC Pied-A-Terre Owners

Overview


Arthur Rosen asserted that because of the Supreme Court’s Comptroller v. Wynne decision, “I believe it’s clear now that the New York statutory residency test is unconstitutional.” As a result, he continued, persons who have been paying double taxes to New York as statutory residents and to their home state as domiciliaries are due New York tax refunds. But, Mr. Rosen cautioned, “It’s difficult to get state revenue agencies to accept bad news. They’re probably not going to cave and stop taxing people; my guess is it’s going to have to be litigated.” Read the full article