Can the state of New York audit a federal tax return? Well, there’s nothing to prevent it from doing so. Often, a New York taxpayer may claim a state tax refund based upon the result of some calculation on the taxpayer’s federal tax return. Then, a New York state auditor questions the result and decides to inquire further by auditing the taxpayer’s state and federal return. At the Thorgood Law Firm, we’ve been seeing such audits occur much more frequently in the last few years.