Legal Opinion

Rizzo v. Tax Appeals Tribunal

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 1994PublishedCited by 5 opinions

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

  1. Commissioner v. GroetzingerSupreme Court of the United States · 1987
  2. Giuliano v. ChuAppellate Division of the Supreme Court of the State of New York · 1987
  3. Custom Shop Fifth Avenue Corp. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1993
  4. Freer v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by5 opinions

  1. Hoffmann v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1996
  2. Bello v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1995
  3. Domber v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2000
  4. Keeffe v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1995
  5. Schnell v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2006

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