Legal Opinion

Mathis v. Wetzler

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

Decided January 4, 1996Published

1Opinion of the Court

*153OPINION OF THE COURT

Cardona, P. J.

Petitioner commenced this proceeding to review a determination by the Department of Taxation and Finance (hereinafter Department) which denied her application for a refund of estate taxes upon the sole ground that the Statute of Limitations had run. The pertinent facts are as follows. Upon the death of Gloria A. Myers on March 7, 1988, petitioner was appointed executor of her estate. In August 1988, petitioner voluntarily made a prepayment of an estimated estate tax in the amount of $12,000. This advance payment was not made pursuant to any court order fixing…

2Cases cited3 opinions

  1. Nordlinger v. HahnSupreme Court of the United States · 1992
  2. Kern v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1956
  3. Feury v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1960

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