Legal Opinion

McKee v. Commissioner of Taxation & Finance

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

Decided December 18, 2003PublishedCited by 3 opinions

1Opinion of the CourtKane, 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 an assessment of personal income tax imposed under Tax Law article 22.

The Department of Taxation and Finance (hereinafter Department) issued petitioners a notice and demand for payment of tax covering their 1995 personal income tax, interest and penalties. Petitioners claimed they sent a check with their tax return. The Department advised petitioners to submit documentation demonstrating that payment was made. Petitioners…

2Cases cited4 opinions

  1. Hopper v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1996
  2. Carpenter Technology Corp. v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2002
  3. Suburban Restoration Co. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2002
  4. Menik v. RothAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by3 opinions

  1. MacLeod v. MegnaAppellate Division of the Supreme Court of the State of New York · 2010
  2. Sherwin-Williams Co. v. Tax Appeals Tribunal of the Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2004
  3. Reeves v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2006

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