Legal Opinion
Dime Savings Bank v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1996PublishedCited by 1 opinion
1Opinion of the Court
*582In our opinion, the plaintiff is not entitled to a refund of the taxes it paid pursuant to New York’s special mortgage recording tax statute (see, Tax Law § 253 [1-a] [a]). This statute, considered apart from its severable anti-pass-through provision, is fully consistent with Federal law. It was only the anti-pass-through provision which was preempted by Federal regulation (see, Dime Sav. Bank v State of New York, 174 AD2d 173); the tax itself was not. It is clear that the Legislature intended that the tax be imposed irrespective of the efficacy of the anti-pass-through provision (see, Exxon…
2Cases cited3 opinions
- Exxon Corp. v. EagertonSupreme Court of the United States · 1983
- Shell Oil Co. v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983
- Dime Savings Bank of New York v. StateAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- Turner v. First Union National BankSupreme Court of New Jersey · 1999