Legal Opinion
Proskauer Rose, LLP v. Tax Appeals Tribunal
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2008PublishedCited by 1 opinion
1Opinion of the Court
Petitioner law firm did not sustain its burden of establishing its entitlement to the specific deductions it claims (see Administrative Code of City of NY § 11-529 [e]; Matter of Colt Indus. v New York City Dept. of Fin., 66 NY2d 466, 471 [1985]). The payments to retired partners under the optional service plan cannot be for goodwill, because section 13 of the partnership agreement expressly prohibits payments for goodwill (Matter of Citrin Cooperman & Co., LLP v Tax Appeals Trib. of City of N.Y., 52 AD3d 228 [2008]). The Tax Appeals Tribunal’s interpretation that the subject payments were…
2Cases cited4 opinions
- American Telephone & Telegraph Co. v. State Tax CommissionNew York Court of Appeals · 1984
- Colt Industries, Inc. v. New York City Department of FinanceNew York Court of Appeals · 1985
- Citrin Cooperman & Co. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2008
- Horowitz v. New York City Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by1 opinion
- Murphy & O'Connell v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2012