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I don't see how the state can prove its case that Jeter's primary residence is New York just because he keeps "items near and dear in his New York apartment" or because he was "immersed in the New York community." How could a judge determine what "near and dear" could constitute? And what does "immersed" mean?

He might not win because our legal system is back-asswards. But he should fight it because the principle of the matter is totally ridiculous. Near and dear...please...

Why exactly should he pay up?

He spends more time being a resident in Florida than he does in NY and has done so pretty much every year since 1994.

Middle to end of October to the end of March is about 5 1/2 months and he travels for work the other sixish months, which keeps him only in NY for about 3 months and in other cities/states (Tampa being one of them) for the other three.

This is almost exactly like what happened with Plaxico Burress in Allegheny County after he signed with the Giants. Just like with that case, this is a huge non-story and will be laughed out of court. The only argument the state really has is that he supposedly loves NY more and that's just... not going to hold up.

Actually, I don't see how he can lose this case.

B is right, this is exactly like the Burress case, and if Jeter is smart, he will go on the attack.

This sounds like this could be a slamdunk case for the state.

It might be the case that people routinely spend $13 million on apartments for the purpose of not living there. It might also be the case that Jeter doesn't really owe any taxes because he's been an unemployed bum his whole life. It might be easier for Jeter to prove the latter than the former.

As to how to prove it, well that's why we have these things called evidence and proceedings during which time the facts are determined.

It might be the case that people routinely spend $13 million on apartments for the purpose of not living there.
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People who make the kind of money Jeter does establish multimillionaire homes and apartments all over the U.S. Did you expect him to live in a basement apartment while he played during the season?

Don't these beurocrats have anything better to do?

Don't these beurocrats have anything better to do?

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Anything better to do than their jobs?

It's their job to go after tax cheats. The job description doesn't say to go after tax cheats so long as they aren't popular baseball players.

Did you expect him to live in a basement apartment while he played during the season?

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If NY wasn't his place of residence, yes, that would be the intelligent thing for him to do. Or, he could find plenty of other cheaper places to live while he's not doing much of anything in New York.

It is not conclusive prove, but it is a fact that people do not spend $13 million for places they rarely live in. And those who do so are typically far richer than Jeter.

The problem here is Jeter is a popular player. If this was Alex Rodriguez, there would be people advocating life in prison for criminal tax evasion. And if it was someone in between the extremes of their popularity, people wouldn't want them locked up forever, but would just be demanding that they pay up.

Question?

Can Jeter sue the state for wrongfull prosecution?

This looks like a slamdunk for him.

He is in New York State for less then 35% of the year. He spends a majority of his time outside of the state, and maintains a residence in Florida which he where he spends a plurality (not majority) of his time.

This reminds me of the case where different regions of the country all went after Trump, all claiming that they had his primary residence.

I figure that NYS is pulling this asinine move (again) and hoping jeter will get scared and back off, if he is smart, he knows he has an easy win here, alot of executives fight this and win, I have no doubt Jeter should go agressive and attack the governments case (which is already looking very very weak).

So it's their jobs to take a legal resident of Florida to court because he goes clubbing in New York and is an "integral figure?"

If that's their jobs, they need to be downsized. That will save the state more than this pointless charade.

Question?

Can Jeter sue the state for wrongfull prosecution?

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A case for that is almost impossible to win.

So it's their jobs to take a legal resident of Florida to court because he goes clubbing in New York and is an "integral figure?"

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The fact that someone is a legal resident of one state is irrelevant. Just because one qualifies as a legal resident of one state does not mean that he doesn't qualify as a resident of other states.

What you need to do is to lobby the New York state legislature to pass legislation exempting popular baseball players from the law of the state. The First Amendment's provision regarding the right to petition the government for a redress of grievances clearly establishes that right for that. But, until the Derek Jeter Popular Baseball Player Exemption Act is passed, Jeter has to follow the laws.

And it's nice to see that enforcing the laws is a "pointless charade." I hope if you are ever seriously injured, the court will 12(b)(6) your lawsuit and call the state tort laws pointless.

"but it is a fact that people do not spend $13 million for places they rarely live in. And those who do so are typically far richer than Jeter."

I don't want to sound rude, but you really don't know what you're talking about if you think this is true.

Turn on VH1 and watch some of their celebrity specials about the cash these rich idiots plop down on homes that aren't in their technical state of residence. People in Jeter's income and social bracket *regularly* buy multi-million dollar homes in multiple states and often spend months of the year in ones that are't where they're primarily taxed.

You can't be persecuted for being rich and wanting to live the life you you want, wherever you are stuck.

Turn on VH1 and watch some of their celebrity specials about the cash these rich idiots plop down on homes that aren't in their technical state of residence. People in Jeter's income and social bracket *regularly* buy multi-million dollar homes in multiple states and often spend months of the year in ones that are't where they're primarily taxed.

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And of those people, how many of them do it in the state where they work in, not pay their taxes and if they caught, get away with it?

New York States case can be summed up like this.

1) He has said nice things about NY.
2) He owns a place here.
3) He has artwork here (ironically, this would be the strongest part of the case,but since they are not going after sales tax, this shoots the entire case right in the foot).

Now New York State can change its laws so that Jeter is declared to be a resident of the state, regardless of the fact that he is in compliance with the state law (as in not being a resident).

He should pursue his legal recourse here, I personally know 2 people who beat similiar cases to this, but neither one was anywhere near this kind of money, or magnitude.

The other person I know who beat a similiar case, had to do with artwork (he was buying artwork for his summer home).

Since New York state is in violation of its own laws, engaging in unlawful prosecution, and harrassement of a resident of a different state, Jeter on the minimum, should seek reimbursement for his legal bills.

That said, this line
"The fact that someone is a legal resident of one state is irrelevant. Just because one qualifies as a legal resident of one state does not mean that he doesn't qualify as a resident of other states."

That is incorrect, as in, you could and might be violating a whole host of various laws, If you are a legal resident of more then one locale, you could very easily be violating more laws then the bible has psalms, and looking at serious jail time.

Who really cares?

For tax purposes, Jeter's residence during the ML season is New York, not where he is on the road. April, May, June, July, August, September, part of October. Sounds like more than 182 days to me.

Move Jeter off SS!

"And of those people, how many of them do it in the state where they work in, not pay their taxes and if they caught, get away with it?"

Pretty much a ton of actors who work in California, but file in another state do it and are good to go.

Actually, for tax puproses, his residence in NOT in New York, he lives in Florida and works in New York for half of the season.

To go a step further and to show how weak a case this is, there are numerious athletes on the yankees, mets, knicks, and rangers.

I'll exclude the other teams to make this easier.

Keep in mind, some of these players also stay in Jersey and Connecticut instead of NY.

Why is one player, as opposed to numerious players, being nailed, the case is so thin, that using this logic here, they can go after every single player that keeps a residence here in NYS.

They are not, this is a publicity case, that will probably be dismissed quickly, logically, they could, and would (using the same grounds as Jeter's case) be going after all the athletes.

Since they are not it can be argued that this is, "selective prosecution", which is also illegal under NYS law.

How often is 'selective prosecution' ever used as a successful defense? After all, almost all these type of prosecutions are selective. And this isn't a prosecution anyway, not in that sense.

As far as my reading, Jeter is a new York 'person', for tax purposes, more than half the year. Thus his luxury digs. He can win, he can also lose. Of course, we can debate what the proper meaning of 'person' is here, and I sure would pay attorneys to do that if I were Jeter, as he can more than afford to put up a full front battle.

Also, we don't know what other players are doing for tax purposes. They may be complying. Who knows though, eh?

And it's nice to see that enforcing the laws is a "pointless charade." I hope if you are ever seriously injured, the court will 12(b)(6) your lawsuit and call the state tort laws pointless.

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Thanks for the pleasant thoughts, Lee! It's good to know that if I get injured the NY Dept of Revenue will be there to save me!

Are you an attorney, or did you stay at a Holiday Inn Express last night?

(This is my last post on this thread, so you can spare yourself any more of your totally irrelevant responses. And for the record, I just posted a message on Schumer's web site demanding that the Derek Jeter Popular Baseball Player Exemption Act be drafted immediately)

Thanks for the tip!

"selective prosecution" actually does work, when it becomes clear that one person is being singled out, while others are "Intentionally, or willfully ignored". Its generally used if something like 10 people do something, but only one gets busted (see anti-war protests).

I can name at least several ballplayers who do not claim to be NYS residents, Mo Rivera doesn't even claim to be a resident of the US, and not only owns a home in Westchester county, but also a (very good) resaurant.

At the end of the say, the first 2 parts of the case, are so weak, that basically anyone with a summer home in the hamptons could be attacked, the 3rd part of the case, would be serious, if they first were going after him for sales tax (this is strange, if he is a legal resident, thats the first tax to go after him for).

The people I knew who beat their cases, never went t trial, NYS got a little overzealous, saw dollar signs, and then backed off.

This might be as simple as Jeter producing a driver licience from Florida, along with being registered to vote down there. A-rod (everyones favorite yankee, lol) also has a NYS residence, but lives in Florida, and Giambi also has a place over here in the city, but lives (or claims to) in cali.

FWIW, this type of stuff does happen, but usually it happens to corporate executives who have to travel here frequently, and either own a place here, or stay at a corporate owned residence.

Here is the big question.

With so little of a case, if they really think Jeter is a tax cheat, why embarrass themselves with statements that look like they came out of a parody by the onion and why have such a weak case to go to bat with?

(Lee Sinins)
The fact that someone is a legal resident of one state is irrelevant. Just because one qualifies as a legal resident of one state does not mean that he doesn't qualify as a resident of other states.
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Uh, no. That's false. For purposes of state taxes, you are a resident of one state only. You can sometimes owe taxes in a state even though you don't reside there, but that's not the issue for Jeter.

That said, this line
"The fact that someone is a legal resident of one state is irrelevant. Just because one qualifies as a legal resident of one state does not mean that he doesn't qualify as a resident of other states."

That is incorrect, as in, you could and might be violating a whole host of various laws, If you are a legal resident of more then one locale, you could very easily be violating more laws then the bible has psalms, and looking at serious jail time.

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Unless the law changed in the 11 years since I've graduated from law school, the law is clear. One can be resident of multiple states.

(Lee Sinins)

Not saying the law has changed, but as someone who went to law school, I am sure you could list in 3 seconds the amount of laws that can or would be violated by listing multiple full time residences.

Off the bat, how about voting laws, insurance, hunting and obviously, tax laws.

Try being registered to vote in 2 state, and owning a drivers licience in 2 states along with claiming full time residency in 2 states, and as a lawyer, you can probably name all the problems (along with the penalties) that this can carry.

The State of New York is notoriously aggresive in these kinds of cases. My Father worked in New York City for 30 years and we lived in Connecticut. The State claimed that my Grandmother's summer place in the Catskills was actually our primary residence even thought it did not have heat.