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New York’s Remote Work Tax Rule Faces ‘Unconstitutional’ Test

Aug. 3, 2021, 8:20 PM

A New York rule that allows the state to tax nonresident personal income while working from home is facing a fresh constitutional challenge by a tax law professor given the rise in remote work due to the Covid-19 pandemic.

In the petition, Edward A. Zelinksy, a professor at Yeshiva University’s Cardozo Law School in New York City and resident of New Haven, Conn., requested the Tax Appeals Tribunal to revisit and reverse a 2003 decision in Zelinksy v. Tax Appeals Tribunal. New York’s Department of Taxation and Finance has used the case to claim tax dollars on days worked ...