who thinks Jeter has a prayer?

[abby]

http://sports.espn.go.com/mlb/news/story?id=3113901&campaign=rss&source=ESPNHeadlines

[Bees Knees]

the New York State Division of Taxation and Finance noted that Jeter has personal items that are "near and dear" in this apartment, according to The Associated Press.

Seems to me you have to have more than personal items in your "second home." Usually a second home is judged based on time spent in the state. MN has a 183 day rule. I would say NY better have better stuff to go on than just what personal items are kept in his NY apartment.

[veritas]

Maybe he should keep

his mother-in-law in the NY apt?

[Bees Knees]

TTB All States Edition, page NY-2

Resident. A taxpayer is a New York State resident for tax
purposes if:
1) The taxpayer’s domicile is not in New York State, but the taxpayer
maintained a permanent place of abode in New York
State and spent 184 days or more in New York State during
the tax year. Exception: Members of the Armed Forces are not
residents under this definition.

Since he works for a NY ball club, has anyone bothered to count how many days you have to spend in the state to play and practice for the home team?

He has a permanent apartment. He is physically present in the state for X number of days.

Seems like this angle would be easier to prove than saying he has important personal items that are "near and dear" to him kept in his apartment.

[BOB W]

Here is some of NYS's requirements:

http://www.nysscpa.org/cpajournal/old/14476949.htm

The first paragraph talks about "Near and Dear items".

NYS also has a "Where the T/P's heart is" as part of where the domicile is located.

Bottom line? Jetter has no chance of winning.......... too many connections to NY.

For a normal person this is not too much of a problem but for Jetter, this means his non-wages are now taxable in NY. Just a guess, a couple of million of interest, dividends and other passive income. Shame on his accountant, especially if he is a NY accountant> he should know better.

It is also possible for Jetter to lose his homestead status in FL when he is declared a NYS resident.

[Bees Knees]

Near & Dear Items

The Guidelines discuss the location in New York or Florida of items which the individual holds 'near and dear' to his/her heart or those items which have a significant sentimental values, such as family heirlooms, works of art, collections of books, stamps and coins, and those personal items which enhance the quality of lifestyle. These are reasonable requests but agents frequently ask why the taxpayer has not moved his furniture to Florida. They should be aware that because of different climates, furniture which would be appropriateX in a New York residence would not be appropriate in Florida.

Still seems vague. A rich guy is going to have "near and dear" items in more than one location. What kind of stuff does he have in Florida? What if his Florida stuff is even more "near and dear."

I did some math with their home schedule this season. NY went 94 and 68 this season. That’s 162 games. Looking at their home schedule, I count 91 days including lay over days between series that he would have to have spent in the state to play regular season games. That’s not counting off season, pre-season, or post season events that would require his presence in the state. 164 minus 91 = 73 days of other than regular season games at home.

Maybe yes? Maybe not… Maybe the "near and dear" thing is the only thing they got to go on.

[JON]

MN has even gone further than # of days in state

The problem arises when you do not spend more than 183 days in any one spot. Then I think they will be working on other points to prove NY. Take a wild guess on how much he has paid for tax advice and preperation.

MN's own Joe Mauer when he was the #1 draft choice in baseball would not ink the deal, straight out of high school, until he established his residency in FT MYERS, FL. This will be interesting to watch.

If NY taxing authorities can prove Jeter spent more time in NY than FL, not 183 either place, will NY win????? NY thinks they will.

How many others would have this problem? Joe still has FL residency, and now a MN house. In fact I would love to know if any active Minnesota Twins have MN residency.

Baseball still does allocated taxes to those states that require per game location to several states. NY would get all his pay taxable in NY and a credit for taxes paid to other states.

"Our Joe" may want to send some money to his desfense fund.

[BOB W]

Update

Judge Timothy J. Alston, however, asked the department for more specifics with respect to its claim that Jeter has "immersed himself in the New York community," and in a five-page order dated Nov. 7, Alston told the department it must provide Jeter with a more detailed document specifying his "community involvement in jurisdictions other than Florida" and "public statements regarding his desire to be in New York," according to the AP