Florida Residency How you know you have it, and what you may want to do if another state says you don’t

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On appeal, the Appellate Division of the New York Supreme Court (N.Y. App. Div. Dec. 27, 2012), upheld the Tribunal’s decision by a 3-to-2 vote. The Appellate Division’s opinion focused on the following facts: the taxpayer owned the building, he maintained telephone and utilities in his own name, he paid those bills as well as other expenses, he retained unfettered access to the apartment, and he occasionally slept at the apartment. Thus, under the majority’s view of the law, Mr. Gaied maintained a permanent place of abode.

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