Legal Opinion
Dreyfus Special Income Fund, Inc. v. New York State Tax Commission
New York Court of Appeals
Decided July 7, 1988PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The Appellate Division correctly held that respondent’s *876former regulation (20 NYCRR former 3.11) conflicts with the plain meaning of Tax Law § 208 (9), which provides that "entire net income” under the State Tax Law is "presumably the same as the entire taxable income which the taxpayer is required to report to the United States treasury department”. We have held, in interpreting a predecessor version of Tax Law § 208 (9), that the term "presumably”, as it appears in the statute, was not intended to afford…
2Cases cited3 opinions
- Haggar Co. v. Helvering, Com'r of Internal RevenueSupreme Court of the United States · 1940
- People Ex Rel. Barcalo Manufacturing Co. v. KnappNew York Court of Appeals · 1919
- People Ex Rel. Standard Oil Co. v. . LawNew York Court of Appeals · 1923
3Cited by5 opinions
- Corporate Property Investors v. Director, Division of TaxationNew Jersey Tax Court · 1994
- Corporate Property Investors v. Director, Division of TaxationNew Jersey Superior Court Appellate Division · 1995
- UNB Investment Co. v. Director, Division of TaxationNew Jersey Tax Court · 2004
- Matter of Stewart's Shops Corp. v. New York State Tax Appeals Trib.Appellate Division of the Supreme Court of the State of New York · 2019
- New York ex rel. Rasmusen v. Citigroup Inc.District Court, S.D. New York · 2016