NY state income while living in Texas?

I worked 5 weeks in NY state this year 2006. I am assuming I will have to file a state taxes for NY even though I live in Texas. Since Texas lets you itiemize sales tax on your Fed return can I still do this even though I am paying N.Y. state income Tax? What if I don't deduct the N.Y. state income tax - can I still take the sales tax deduction??? Thanks

Public Comments

1. If New York has an income tax, you will have to file a return based on the NY tax system, regardless of where you live. Texas may allow you to deduct taxes payed to another state. Deducting sales tax on your Federal form is not affected by whether or not you deduct NY income tax. Texas has no authority over what you can or cannot deduct on your federal form.
2. If you only worked in NY for 5 weeks, you can file a non-resident tax return for NY. This will technically wipe off your NY state tax obligation and you will get all your money back from the NY state. I have done that in other states. I'm pretty sure you can do that in NY. Check their state tax web site to make sure.