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Monthly Archives: April 2010
Winning a Sales Tax Dispute in the Division of Tax Appeals
With the lure of interest, penalties, and large revenues upon which the sales tax is based, the Department of Taxation aggressively pursues sales tax revenue through audit. To emerge victorious in a sales tax dispute, the taxpayer should be conversant with some important principles involving sales tax litigation. Continue reading
Posted in NYS Tax Litigation, Sales Tax Litigation
Tagged arbitrary and capricious, audit methodology, auditor, books and records, extended audit period, external indices, extrapolation, hearing, Matter of Chartair 411 N.Y.S.2d 41, Matter of Christ Cella 477 NYS2d 858, Matter of James G. Kennedy 509 N.Y.S.2d 199, Matter of King Crab 522 N.Y.S.2d 978, Matter of W.T. Grant Company 2 NY2d 196, Matter of Yonkers Plumbing 403 N.Y.S.2d 792, NYS-DTF, rational basis, sales tax litigation, supporting records, test period, test period audit, understatement of tax, virtually impossible
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Prenuptial Agreements
Prenuptial agreements can provide for property, support, inheritance, and custodial rights in the event of divorce or death. Many persons, especially those remarrying, will insist upon such an agreement. Continue reading
Supplemental Needs Trusts
Elderly and disabled persons are peculiarly prone to significant and continuing costs for long-term care. Since many governmental benefits are need-based, ownership of substantial assets may preclude qualification under these programs.
A Special Needs Trust (SNT) established for a person with severe and chronic disabilities may enable a parent or family member to supplement Medicare or Supplemental Security Income (SSI), without adversely affecting eligibility under these programs, both of which impose restrictions on the amount of “income” or “resources” which the beneficiary may possess. 42 U.S.C. § 1382a. Continue reading
Posted in Elder Law, Supplemental Needs Trusts, Trusts
Tagged EPTL § 7-1.12, Medicaid, Medicare, SSI, supplemental needs trusts
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Law Offices of David L. Silverman 
Article 78 Review of Tax Appeals Tribunal
Printer-friendly PDF: Article 78 Review of Tax Appeals Tribunal II.wpd A. Pre-Tribunal Adjudication The Bureau of Conciliation and Mediation Services (BCMS) comprises a separate operating bureau within the Division of Taxation, and reports directly to the Commissioner of Taxation and … Continue reading →