TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Tuesday, November 2, 2010

Billionaire Proves He Was Not in NYC 2 Days, Saves $47m in Taxes & Interest

Forbes, Billionaire Julian Robertson Notches Tax Win For New York City Non-Residents, by Janet Novack:

A divided three-member New York State Tax Appeals Tribunal has upheld an administrative judge’s finding that billionaire hedge fund pioneer Julian H. Robertson Jr. wasn’t a resident of New York City in 2000, saving him $27 million in tax. [In re Robertson, DTA No. 82204 (N.Y. Tax App. Sept. 30, 2010).]

In a dissent, Tax Commissioner Carroll R. Jenkins said he feared the decision would create “confusion and mischief in future cases”  by improperly shifting the burden onto tax collectors to prove Robertson was in the city on certain days,  rather than requiring Robertson to “demonstrate by clear and convincing evidence that he was not within the City.”

The appeals decision and the $27 million hinged on  Robertson’s whereabouts on just two days. According to the previously unreported 62-page decision issued last month, before taking an apartment in the city in 1996, Robertson was warned by advisors not to spend more than 183 days in the city, or he’d be taxed as a city resident—even though his legal domicile was a 10 acre estate in Locust Valley, Long Island.  Being a resident would make all his worldwide income subject to the city’s stiff levy, now 3.88%. Robertson assigned his long time executive assistant to track his days and warn him when he was using up days too quickly or nearing the 183-day limit.

Prior TaxProf Blog coverage:

Celebrity Tax Lore, New Cases, Tax | Permalink

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So if it chose to do so, couldn't the Ohio Department of Taxation assess Ohio income tax on Pres. Obama based on the number of days he has spent in the state?

Posted by: Bearcat | Nov 2, 2010 11:35:17 AM