Sheils v. State Tax Commission

OPINION OF THE COURT

John T. Casey, J.

The petitioners* in this article 78 proceeding seek a judgment setting aside three determinations of the respondent, the State Tax Commission of the State of New York. The issue presented with regard to each of those determinations is whether the respondent acted arbitrarily and capriciously in determining that a resident of New York State may not claim on his personal State income tax return a net operating loss deduction in excess of the amount of the net operating loss deduction claimed by that individual on his Federal income tax return.

George M.…