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New York Loses Bid to Tax CT Telecommuter

By John Caher

In a rare victory for a telecommuter in a “convenience of the employer” rule case, an administrative law judge has held against the state Division of Taxation and said New York has no business taxing all of the income of a man who worked from his home in New Canaan, CT.

Matter of C. Gregory Devers, 819751, illustrates that while the controversial test used to determine if out-of-state residents can allocate earnings between New York and another jurisdiction is a high hurdle, it is not insurmountable.

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