In the Matter of the Petition - Tax Appeals Tribunal

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-4- 8. Petitioners filed a timely Nonresident and Part-Year Resident Income Tax Return (Form IT-203) for the year 2003, on which they listed their address as Via Solano, Boca Raton, Florida, and their county of residence as Suffolk. Part E of Form IT-203 asks part-year residents to check the box that describes their situation on the last day of the tax year. Petitioners checked “(3) moved out of New York State and received no income from New York State sources during your nonresident period.” Petitioners entered June 30, 2003 as the date of their move. Stanley T. Byck, MBA, CTP, ATA, prepared petitioners’ 2003 Nonresident and Part-Year Resident Income Tax Return. 9. The wage income of $240,000.00, reported as part of petitioners’ federal adjusted gross income for the year 2003, was received by David Byck from LP Advisors, Inc., located at Walt Whitman Road, Melville, New York. 10. On January 27, 2004, David Byck acquired a Florida driver’s license. He also acquired Florida mortgage broker (individual) and real estate sales person licenses on February 3, 2004 and May 19, 2004, respectively. 11. On January 27, 2004, Leslie Byck acquired a Florida driver’s license. She also acquired a Florida mortgage broker (individual) license on February 3, 2004. 12. Petitioners sold their Apricot Court, Melville, New York, townhouse for $505,000.00 on February 19, 2004. 13. On March 22, 2004, petitioners purchased a 4,683 square foot single family residence located at Versailles Boulevard, Wellington, Florida, for $976,792.00. 14. On June 3, 2004, petitioners sold the Via Solano, Boca Raton, Florida, townhouse for $240,000.00.
-5- 15. On their 2004 federal Schedule D, petitioners reported the following items on Part 11 Long-Term Capital Gains and Losses - Assets Held More Than One Year: a gain of $37,419.00 (sale price of $241,000.00 less cost or other basis of $203,581.00) on the sale of the Via Solano, Boca Raton, Florida, property, a gain of $17,350.00 (sale price $505,000.00 less cost or other basis of $487,650.00) on the sale of the Apricot Road, Melville, New York, property, and a loss of $48,350.00 (sale price $93,650.00 less cost or other basis of $142,000.00) on the sale of a BMW Z8 Exotic automobile, for a net long-term capital gain of $6,419.00. 16. For the year 2004, the following Schedule K-1 items of income were reported on petitioners’ federal Schedule E: nonpassive income of $209,650.00 from Madilex, an S corporation; nonpassive loss in the amount of $111,549.00 from “Byck Accounting & Tax,” an S corporation; and nonpassive loss in the amount of $2,240.00 from “Stanley T Byck, MBA, Inc,” an S corporation. 17. Petitioners did not file a New York State income tax return for the year 2004. 18. On June 30, 2004, the Division sent petitioners a Request for Missing Information or Forms for tax year 2003 because they entered $9,500.00 of City of New York tax withheld on their return, but failed to attach Mr. Byck’s federal Form W-2 wage and tax statement to their 2003 Nonresident and Part-Year Resident Income Tax Return. This request asked for the completion of Form IT-360.1, if petitioners were residents of the City of New York or the city of Yonkers for part of 2003, and their wage and tax statement(s). In response to that request, Stanley T. Byck sent the 2003 Form W-2 Wage and Tax Statement issued to David J. Byck by LP Advisors, Inc., Walt Whitman Road, Melville, New York, on which state wages in the amount of $240,000.00 and New York State tax in the amount of $20,000.00 were reported. This Form W-2 did not report the withholding of any New York City taxes. Stanley T. Byck ,
Page 1 and 2: STATE OF NEW YORK DIVISION OF TAX A
Page 3: -3- 2. David Byck, who was born in
Page 7 and 8: -7- 21. As a result of petitioners
Page 9 and 10: Pursuant to our phone conversation
Page 11 and 12: -11- Mr. & Mrs. Byck resided in bot
Page 13 and 14: ased upon the following. Petitioner
Page 15 and 16: -15- The consent explained that aud
Page 17 and 18: -17- Complete Recovery Restoration
Page 19 and 20: -19- This letter is to inform you t
Page 21 and 22: -21- 48. Review of the Verizon tele
Page 23 and 24: -23- just partial days, i.e., days
Page 25 and 26: Melville, New York, townhouse in Fe
Page 27 and 28: -27- 1997, citing Matter of Atlanti
Page 29 and 30: -29- (5)(I) Husband and wife. Gener
Page 31 and 32: -31- days in 2003 and thus not subj

In the Matter of the Petition - Tax Appeals Tribunal

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