CBS Corp. v. Tax Appeals Tribunal

Mercure, J.P

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 an assessment of real estate transfer tax imposed under Tax Law article 31.

In May 2000, CBS Corporation and Viacom, Inc. merged, creating petitioner and effecting a transfer of a controlling interest in CBS for purposes of the real estate transfer tax. Petitioner’s tax returns indicated that the value of CBS’s real estate in New York was worth over $200 million at the time of the merger. The returns claimed…