MoFo New York Tax Insights

Volume 9, Issue 4


Welcome to the latest issue of New York Tax Insights. In this issue we cover:

  • a Tax Appeals Tribunal decision remanding a case to determine the effect of funding an escrow account and the exact amount of a sales tax refund owed to the customers of a telecom services provider (on page 1);
  • a NYC administrative law judge opinion holding that where tax returns disclose the requisite information sufficient to allow a tax assessment, they cannot serve as a basis for the tax department to claim fraud and disregard the three year statute of limitations for assessment (on page 3);
  • a NYS administrative law judge opinion that illustrates how the high burden the tax department bears when trying to prove that a taxpayer willfully intended to evade taxes by filing a false or fraudulent return (on page 4);
  • a decision holding that the NYS Division of Tax Appeals lacks the authority to determine the validity of an Employee Stock Ownership Plan because the Employee Retirement Income Security Act of 1974 (ERISA) supersedes state laws related to employee benefit plans (on page 6);
  • and more (on page 9).

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