Angry New Yorker

Wednesday, March 30, 2005
New York Shoots Itself In the Foot Again

We'll have more on this tomorrow:
New York State Telecommuter Ruling May Have Wide Implications
Associated Press
March 29, 2005 1:04 p.m.

ALBANY, N.Y. -- A telecommuter who lives out of state while working by computer for a New York employer must pay New York tax on his full income, the state's highest court ruled Tuesday in a case that could have wide implications in the growing practice.

The Court of Appeals ruled that computer programmer Thomas Huckaby who lives in Nashville, Tenn., owed New York income tax for his full salary, not just the time he spent working at the New York offices of the union for which he worked.

Mr. Huckaby paid tax on about 25% of his income over two years for the time he spent working in New York state. But the court upheld a state tax department ruling that all his income should be taxed. That amounts to $4,387 plus interest. However, the ruling could lead to much greater income for the state as it is applied to the growing field of telecommuting.
The decision in question the Matter of Thomas L. Huckaby v. New York
State Division of Tax Appeals, Tax Appeals Tribunal, et al., is
available here:

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