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Audit War Story #2 | Proving the Negative

As tax departments look to fix their fiscal deficits, residency audits for those who have moved out of a state are all but guaranteed. So when the auditor comes knocking on your door, how will you meet your burden of proof?

See Tim Noonan, Partner at premier residency law firm Hodgson Russ, share one of his residency tax audit war stories as he defends a taxpayer whose cell phone records got subpoenaed.

Tim Noonan
Tim Noonan
Tim focuses his practice in the state and local tax area. His work primarily involves New York State and New York City tax litigation and controversy. Over the past 20 years, he has handled more than 1,500 personal income tax, sales tax, corporate tax, or other New York tax audits. Tim also has handled about 100 cases in New York’s Division of Tax Appeals. Tim leads the firm’s Tax Residency Practice and he is one of the leading practitioners in this area of the law. He has handled some of the most high-profile residency cases in New York over the past decade, including a 2014 win in the Gaied case, one of the first New York residency cases to ever reach New York’s highest court. Tim also co-authored the 2018 edition of the CCH Residency and Allocation Audit Handbook and Contesting New York StateTax Assessments--Fourth Edition, published by the New York State Bar Association. He is often quoted by media outlets, including The Wall Street Journal, The New York Times and Forbes, on residency and other state tax issues. Under his direction, the Tax Residency Practice authored a publication, What to Expect in a Residency Audit, a copy of which can be accessed here.

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