Yanowicz v. Department of Taxation & Finance

Petitioner alleges that, pursuant to Tax Law § 1443 (6), it was entitled to an exemption from the real property transfer gains tax (see, Tax Law § 1441) because the purchase contract for the pending transfer of certain real property it owned had been executed before March 28, 1983, the effective date of Tax Law article 31-B. In May 1983, petitioner sought the issuance of a "zero tentative assessment” from the Audit Division of respondent Department of Taxation and Finance. The Audit Division refused the request and assessed a real property transfer gains tax of $75,150, which petitioner paid…