Rizzo v. Tax Appeals Tribunal
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal which sustained a personal income tax assessment imposed under Tax Law article 22.
In 1986, pursuant to the issuance of various search warrants, the State Police seized $518,413.10 in U.S. currency from petitioner. As part of a stipulation with the Dutchess County District Attorney’s office, petitioner forfeited $212,650.05 of such seized amount (see, CPLR 1311). On petitioner’s 1986 tax return, he claimed only $153,310 as taxable income,…
2Cases cited4 opinions
- Commissioner v. GroetzingerSupreme Court of the United States · 1987
- Giuliano v. ChuAppellate Division of the Supreme Court of the State of New York · 1987
- Custom Shop Fifth Avenue Corp. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1993
- Freer v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983
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- Schnell v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2006