Legal Opinion

Richmond Constructors v. Tishelman

New York Court of Appeals

Decided December 15, 1983PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Cooke.

The question presented on this appeal concerns the scope of the exemption provided by section S46-9.0 of the New York City Unincorporated Business Income Tax Law as it relates to distributions of income made by an unincorporated business to its corporate partners. This court holds that an exemption under this provision is limited to the aggregate of each corporate partner’s distributive share of net income which does not exceed the partner’s “net income allocable to the city” under the New York City General Corporation Tax Law.

The New York City…

2Cases cited3 opinions

  1. Rosado v. WymanSupreme Court of the United States · 1970
  2. Matter of Palmer v. SpauldingNew York Court of Appeals · 1949
  3. Fischbach & Moore, Inc. v. State Tax CommissionNew York Court of Appeals · 1975

3Cited by5 opinions

  1. Norton J. Lehman v. Dow Jones & Company, Inc.Court of Appeals for the Second Circuit · 1986
  2. Green Island Associates v. Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 1991
  3. Massachusetts Casualty Insurance v. MorganDistrict Court, E.D. New York · 1995
  4. Weil v. O'CleireacainNew York Court of Appeals · 1994
  5. LeBoeuf v. O'CleireacainAppellate Division of the Supreme Court of the State of New York · 1993

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