-
Articles & Seminar Materials
- June 5 NYS Tax Litigation Seminar: Completion Certificate June 2, 2025
- June 5 NYS Tax Litigation Seminar — Outline May 31, 2025
- June 5 Tax Litigation Seminar — Supplementary Materials May 14, 2025
- June 5 CPE Seminar: NYS Tax Litigation — Practice & Procedure April 28, 2025
- March 13 CPE Seminar: Supplementary Materials March 4, 2025
- Income Taxation of New York Trusts & 2025 Planning Strategies March 4, 2025
- Webinar Recording of 1031 Final Regulations Seminar January 16, 2025
-
Natural Language Search
Search by Category
Most Popular
- Welcome
- Executor and Trustee Commissions Under NY EPTL
- Qualified Personal Residence Trusts (QPRTs)
- Executors and Trustee Commissions
- House Passes $56 Billion “Tax Extenders” Bill
- Letters Testamentary
- Article 78 Appeals to Appellate Division, Third Department
- Distributable Net Income and Income in Respect of a Decedent
- Tax Planning For Divorce
- General Power of Appointment Can Neutralize Estate Tax
Tag Archives: tax appeals tribunal
Marital Deduction Planning
PDF: Marital Deduction Planning.wpd I. Review of Current Wills The estate tax will resume no later than January 1, 2011. At that time, the exemption amount may be $1 million (if Congress fails to do anything), or it could … Continue reading
Posted in Estate Planning, Marital Deduction
Tagged applicable exclusion amount, asset protection, asset protection trusts, Delaware Asset Protection Trust, estate planning, estate tax, gift tax, gross estate, GST, marital deduction, surviving spouse, tax appeals tribunal, tax legislation, tax planning
Leave a comment
Northern District Finds Successive Tax Penalties Imposed by NYS-AG and NYS-DTF to be Unconstitutional
Finding that Tax Law § 481(1)(b)(i) effectively operates as a criminal penalty, the Northern District held that the assessment of a tax penalty by the Department of Taxation and Finance under § 481(1)(b)(i) following the taxpayer’s previous prosecution and conviction … Continue reading
APPEALING A DETERMINATION OF THE TAX APPEALS TRIBUNAL
The Tax Appeals tribunal sits as the final administrative tax tribunal. A CPLR Article 78 proceeding is the “dotted line” in the flowchart that brings the tax dispute out of administrative tribunal system and into the New York judicial court system. From a tax petitioner’s standpoint, Article 78 is far from perfect: it possesses treacherous statutes of limitations, it is inherently capable of providing only narrowly circumscribed relief, and it imposes onerous bonding requirements. Still, like the Spirit of St. Louis, Article 78 will at least take the taxpayer into the courtroom of the Appellate Division, where counsel may be able to convince the Court of reversible error below.
Continue reading
April 21, 2010 Tax Seminar in Lake Success, New York
To view April 21, 2010 Tax Seminar Invitation, or to Attend Seminar, press here: April 21 Tax Seminar Invitation The lecture will first discuss researching and drafting the Petition to the DTA following the Conciliation Conference. Pre-hearing motion practice and … Continue reading
Summary Determination May Enhance Tax Appeals Prospects
Printer-friendly PDF: Summary Determination May Enhance Tax Appeals Prospects.wpd Motions for Summary Judgment are common in civil practice. Any party may so move after issue has been joined if no triable issue of fact exists. CPLR 3212. Section 3000.9(c) of … Continue reading
Federal District Court Vitiates DTA Determination
The federal district court for the Northern District of New York vanquished a decision of the Tax Appeals Tribunal by holding that the imposition of a $150 per carton penalty under Tax Law Section 481(1)(b)(i) for contraband cigarettes imposed by the NYS Department of Taxation and Finance following the taxpayer’s conviction and payment of restitution for the same offense under Tax Law Section 1814 violated the Fifth Amendment’s Double Jeopardy Clause. Continue reading
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 →