Legal Opinion

Carbide Chemicals & Plastic Co. v. Tax Appeals Tribunal

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

Decided March 9, 1995PublishedCited by 5 opinions

1Opinion of the CourtPeters, 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 a real property transfer gains tax assessment imposed under Tax Law article 31-B.

Pursuant to a contract of sale entered into on December 31, 1985, petitioner agreed to sell to Keren Limited Partnership certain real property in Westchester County for $170,000,000. The purchase price was paid by two promissory notes, each secured by a purchase-money mortgage: the first for $102,000,000, due and payable on December 31, 1986 with…

2Cases cited5 opinions

  1. Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.Supreme Court of the United States · 1981
  2. 1230 Park Associates v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1991
  3. Cove Hollow Farm, Inc. v. State of New York Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1989
  4. F & W Oldsmobile, Inc. v. Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1984
  5. Executive Land Corp. v. ChuAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by5 opinions

  1. Aetna Casualty & Surety Co. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Capital Financial Corp. v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1996
  3. Fazkap Associates v. Commissioner of New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1996
  4. New York State Clinical Laboratory Ass'n v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 1998
  5. Estate of Brockman v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1997

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