The taxpayers, originally residing in New York, were issued a tax assessment for unpaid income tax but they claimed they moved out of the state and settled in Florida in late 2018 (as part of their retirement plan) while still maintaining living quarters in New York. The taxpayer argued that they had changed their domicile to Florida and as support they presented evidence showing that, among other things, they registered as Florida voters, signed a document declaring themselves domiciled in Florida, obtained Florida drivers’ licenses, registered their vehicles in Florida, joined a country club in Florida, and became involved in their Florida condo board. The taxpayers also spent most of the days during the winter months in Florida. However, the taxpayers still maintained connections with New York including having two country club memberships, spending a significant amount of days in New York during the summer months, and one of the taxpayers still owned and collected a salary from a business located in New York. In 2018, the taxpayers spent 132 days in Florida, 195 days in New York (notably in excess of the 183-day statutory residency test), and 38 days in other locations. While in 2019, the taxpayers spent 155 days in Florida, 170 days in New York, and 40 days in other locations.

The Tax Appeals Tribunal upheld the assessment, agreeing with the Division of Taxation that the taxpayers had not completed their change of domicile during the tax periods at issue. The Tribunal noted that “formal declarations of domicile, such as voter registration or motor vehicle registration, have lost their importance in recent years as courts have recognized their self-serving nature[.]” The Tribunal found that the taxpayers continued to have “substantial ties” to their New York businesses and spent a significant amount of time, including holidays, at their “substantial property” in New York which they previously used as their main home in prior years. The Tribunal concluded that, based on this evidence, the taxpayers had “failed to established by clear and convincing evidence” that they had changed their domicile to Florida during the tax periods at issue.

Matter of the Petition of John J. Hoff and Kathleen Ocorr-Hoff, DTA No. 850209 (Oct. 9, 2025).