Legal Opinion

LeBoeuf v. O'Cleireacain

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

Decided May 11, 1993Published

1Opinion of the Court

—Orders and judgments, Supreme Court, New York County (Jacqueline Silbermann, J.), entered April 22, 1992 and May 8, 1992, respectively, which, inter alia, granted petitioners’ applications for redetermination of their Unincorporated Business Tax liability, unanimously affirmed, without costs.

New York City imposes a tax on unincorporated businesses, but avoids double taxation by permitting an exemption equal to amounts "included in [the] corporate partner’s net income”. (Administrative Code of City of NY § 11-510 [2].) Where a corporate partner pays all of its income out to its principals in…

2Cases cited1 opinion

  1. Richmond Constructors v. TishelmanNew York Court of Appeals · 1983

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