Legal Opinion

South Suffolk Recreation Ventures, Inc. v. Tax Appeals Tribunal

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

Decided February 29, 1996PublishedCited by 5 opinions

1Opinion of the Court

—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.

In January 1988, petitioner contracted to sell certain real property to RCP Properties, Inc. for consideration totaling $2,275,000. Part of the consideration included a $1,000,000 purchase money bond and mortgage held by petitioner. The property was transferred to RCP in August 1989, and petitioner paid a gains tax of $134,481.66 on a taxable…

2Cases cited3 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. Cheltoncort Co. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1992
  3. Wanat v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. Fazkap Associates v. Commissioner of New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1996
  2. Wanat v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1996
  3. Rapoport v. KoenigAppellate Division of the Supreme Court of the State of New York · 1997
  4. Estate of Brockman v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1997
  5. 93rd Street Associates v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1999

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