Legal Opinion

American Employers' Insurance v. State Tax Commission

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

Decided October 31, 1985PublishedCited by 6 opinions

1Opinion of the CourtHarvey, J.

Appeal from a judgment of the Supreme Court at Special Term (Pennock, J.), entered November 2, 1984 in Albany County, which dismissed petitioner’s application, in a *737proceeding pursuant to CPLR article 78, to annul a determination of respondent sustaining a franchise tax assessment imposed under Tax Law article 33.

Petitioner, a property and casualty insurer, is a Massachusetts corporation licensed to do business in New York. Petitioner is subject to the franchise tax provisions of Tax Law article 33 (Tax Law § 1500 [c]; § 1501 [a]). That law became effective with the 1974 taxable year (L 1974,…

2Cases cited3 opinions

  1. Grace v. New York State Tax CommissionNew York Court of Appeals · 1975
  2. MATTER OF GURNEY v. TullyNew York Court of Appeals · 1980
  3. Sheils v. State Tax CommissionNew York Court of Appeals · 1981

3Cited by6 opinions

  1. Royal Indemnity Co. v. Tax Appeals TribunalNew York Court of Appeals · 1989
  2. Aetna Casualty & Surety Co. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1995
  3. Eveready Insurance v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1987
  4. Somerset Telephone Company v. State Tax AssessorSupreme Judicial Court of Maine · 2021
  5. Matter of Toronto Dominion Holdings (U.S.A.), Inc. v. Tax Appeals Trib. of The State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018

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