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NY State tax

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Centraljet

Junior Member
What is the name of your state (only U.S. law)? Ny. I was employed as a police officer in Texas in 2008. Due to an injury I was being discharged of being a cop. In Sept 2008 I sold my house in Texas and was in the process of moving to New York. While I was in the process of moving, the city's short term disabilities insurance was cutting me a lump sum check. I didnt know how long it would take for them to complete my claim so since I was moving I had the representative mail my check to NY at my mom's address since I am not situated. I did not legally reside in NY until December.
Tax season comes for the 2008 year and I only file Federal because Texas has no state income tax.
Its 2014 and I receive a letter that I owe on the disability check that was issued to me through the city's contracted short term disabilty company. I called NYS Tax Administration rep and explained my situation. She said you show moving expenses on your taxes in a snotty tone. I was like maam accordinance with the IRS since I used a moving company to move my item before Dec 31 I can deduct that from my taxes. She was like a robot. I told her that Texas has no state income tax and my injury was in Texas. Before I said anything else I terminated the contact.
Does NY have the right to go after a check that was issued to me from the city I was living, working and injured? Also to clarify it wasnt an on the job injury, but the city determined I was elgible for short term disabilty.
 


davew128

Senior Member
Her "snooty tone" was asking you for the information to prove you weren't a resident of NYS at the time the disability check was issued. Need I remind you that YOU terminated the phone call. The NEXT question you should have asked is whether it was taxable in the FIRST place.
 

Zigner

Senior Member, Non-Attorney
When did you actually arrive in NY with the intention of remaining (ie: not a temporary visit)?
 

Centraljet

Junior Member
When did you actually arrive in NY with the intention of remaining (ie: not a temporary visit)?
I had movers take my belongings to NY. I went to NY and put stuff in a storage unit. Went back to Texas and house sit for a friend because he was in South America in the Army. I got in contact with the insurance company. I had them mail the check to NY since I was going to be back for Christmas. I was not getting mail at his house that was the reason I had it mailed to my moms house. Im just going to have my friend write a letter and have it notarized that I was house sitting until his return Dec 31.
 

davew128

Senior Member
I had movers take my belongings to NY. I went to NY and put stuff in a storage unit. Went back to Texas and house sit for a friend because he was in South America in the Army. I got in contact with the insurance company. I had them mail the check to NY since I was going to be back for Christmas. I was not getting mail at his house that was the reason I had it mailed to my moms house. Im just going to have my friend write a letter and have it notarized that I was house sitting until his return Dec 31.
Thats not sufficient. Why not show something like a lease agreement for your apartment after you moved in?
 

Centraljet

Junior Member
Thats not sufficient. Why not show something like a lease agreement for your apartment after you moved in?
Do you think if I had my friend write a letter stating while he was on military leave I was taking care of his house since I was in the process of moving to NY. Also he will have the notarize it. I had my belongings shipped to NY and I stayed behind until the middle of December. I had the insurance company mail my check to my mothers house in NY.
Its my word vs the State of Ny
 

Proserpina

Senior Member
Do you think if I had my friend write a letter stating while he was on military leave I was taking care of his house since I was in the process of moving to NY. Also he will have the notarize it. I had my belongings shipped to NY and I stayed behind until the middle of December. I had the insurance company mail my check to my mothers house in NY.
Its my word vs the State of Ny

Define "legally a resident".

Do you or do you not have a lease?
 

Proserpina

Senior Member
I had movers take my belongings to NY. I went to NY and put stuff in a storage unit. Went back to Texas and house sit for a friend because he was in South America in the Army. I got in contact with the insurance company. I had them mail the check to NY since I was going to be back for Christmas. I was not getting mail at his house that was the reason I had it mailed to my moms house. Im just going to have my friend write a letter and have it notarized that I was house sitting until his return Dec 31.

Ah. There we have it!

You instructed the insurance company to mail the check to NY. That doesn't help you at all.
 

davew128

Senior Member
Ah. There we have it!

You instructed the insurance company to mail the check to NY. That doesn't help you at all.
It doesn't hurt either. The problem is lack of proof of when the residency started. A note from Epstein's mother isn't going to cut it.
 

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