Jeter could owe millions in NY taxes

By The Associated Press

Saturday, November 17, 2007 12:12 AM EST

ALBANY - New York tax officials say Derek Jeter should have been taxed as a state resident from 2001-03, which potentially could cost the Yankees captain millions of dollars.
Jeter says he is a Florida resident, but the State Division of Taxation and Finance argues that he had a New York residence during that period.

Jeter was given notice in February, then filed a petition for redetermination. In a five-page order from Administrative Law Judge Timothy J. Alston that was dated Nov. 7, the division was told to furnish Jeter with a more detailed bill specifying his “community involvement in jurisdictions other than Florida” and “public statements regarding his desire to be in New York.”

Alston also asked the agency to give specifics of its “vague claim” that Jeter became “immersed in the New York community.” He accepted the department's assertion that Jeter had “items near and dear” in his New York apartment.

Florida does not have a state income tax, while New York state and city do have income taxes.

“As a Yankee, Derek has great affection for the people of New York and its amazing fans, but since the mid-1990s, he has made his home in Tampa, Florida,” Jeter's agent, Casey Close, said in a statement.

The case was first reported by FoxNews.com.

Jeter's contract with the Yankees called for him to receive salaries of $11 million in 2001, $13 million in 2002 and $14 million in 2003. In addition, he has a $16 million signing bonus payable between February 2001 and June 2008.

Jeter purchased an apartment at Trump World Tower in October 2001, according to New York City real estate records.

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hobokenAl wrote on Nov 18, 2007 12:18 PM:

" I am a little disturbed the way most reports are spinning this…. Federal law says, if Jeter “performed his regular duties” in NY part of the time, then he owes that percentage of his Yankee salary to NY, and the other parts to the other states where he “performed his regular duties.” [Same as a traveling salesman] This is what Jeter claimed, and has paid taxes on time for, and NY does not dispute. If he is a NY resident, then he owes 100% of ALL his income to NY, after credits for state taxes paid to all the other states where he played [“peformed his regular duties”] This additional amount of tax revenue is a very small piece of what NY is trying to get. Most of Jeter’s non-NY taxed income came from big endorsement contracts from Nike, Gatorade, Ford, etc… These endorsement contracts are subject to state income tax of his residency, which NY wants to claim as theirs. Jeter bought a house in FL, proved he spent more than 6 months there, votes, has a drivers license, and according to FL state, established residency there. NY doesn’t care… According to NY law, being a NY resident, means either: 1) you were a resident last year, AND you cant prove you did NOT spend less than 30 days in NY 2) you weren’t a resident last year, but you own/rent an abode, and cant prove you didn’t spend 183 days there 3) you own/rent an abode and can’t prove you don’t keep “near and dear” to you at that location It’s a NY judge that makes the decision, so its pretty much a kangaroo court from this point on, although its a high profile case, and if they try to reach for too much, their could be some federal interaction protecting Jeter and all future similar cases (something that could cost NY Billions.) Interesting to note that the NY judge is putting the burden of proof of “near and dear” on prosecutors, not the defendant as written in NY law. Jeter was foolish to buy an apartment in NY. NY tax revenue lawyers are on a contingency basis meaning they will get 1/3rd of any additional tax revenue brought to NY state, which further fuels the aggressiveness of NY’s tax enforcement. Ironically, when Bill was president, and the Clintons had a house in Weschester, they paid NO taxes to NY. They were residents, and anyone can prove they spent 30+ days in NY. Selective enforsement… another high profile case… "

brew1234 wrote on Nov 17, 2007 8:46 PM:

" After he plays a game he doesn't commute back to Florida each night. He is living in New York and should pay state taxes during the baseball season. If that is not in the state tax code, it should be. I worked for a department store chain and had a residence in New York but worked in Massachusetts for 9 months and lived in a motel suite. I had to pay Mass taxes for all those months. "

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