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The work Benjamin N. Cardozo School of Law tax professor Edward A. Zelinsky does telecommuting from his home in New Haven a couple days a week is equally, if not more, important to the work he does when physically present at the Manhattan law school, he insists.
But that's hardly apparent in reading the New York Court of Appeals' Nov. 24 rejection of Zelinsky's constitutional challenge to the Empire State's tax system, which taxes the entirety of his income whether he worked for it in New York or back home in Connecticut.
Since 1994, Zelinsky has declared to New York tax collectors that he owes Connecticut tax for the days he stays home. In appealing lower-court losses to New York's highest court, Zelinsky asserted that New York cannot impose double taxation on him – and countless other out-of-state telecommuters ' without violating the due process and commerce clauses of the U.S. Constitution.
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