Matter of Tocqueville Asset Mgt. L.P. v. New York City Tax Appeal Trib.

Appellate Division of the Supreme Court of New York

Matter of Tocqueville Asset Mgt. L.P. v. New York City Tax Appeal Trib.

141 A.D.3d 420, 33 N.Y.S.3d 891

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

DecidedJuly 5, 2016

Docket1663 39/15

StatusPublished

Cited by1 cases

This text of 141 A.D.3d 420 (Matter of Tocqueville Asset Mgt. L.P. v. New York City Tax Appeal Trib.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matter of Tocqueville Asset Mgt. L.P. v. New York City Tax Appeal Trib., 141 A.D.3d 420, 33 N.Y.S.3d 891 (N.Y. Ct. App. 2016).

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Opinion

Determination of respondent Tax Appeals Tribunal of the City of New York, dated May 29, 2015, affirming an administrative deficiency notice disallowing an unincorporated business deduction claimed by petitioner for calendar year 2005, unanimously confirmed, without costs, the petition denied, and the proceeding commenced in this Court pursuant to CPLR 506 (b) (4) and article 78 dismissed.

Petitioner failed to establish its entitlement to the specific deduction it claims (Administrative Code of City of NY § 11-529 [e]). The Tax Appeals Tribunal’s determination that the claimed deduction is nondeductible under Administrative Code § 11-507 (3) and 19 RCNY 28-06 (d) (1) (i) (A) is supported by substantial evidence and has a rational basis in the law. No exception applies to make the claimed deduction properly deductible.

Concur — Sweeny, J.P., Acosta, Feinman, Kapnick and Kahn, JJ.

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Determination of respondent Tax Appeals Tribunal of the City of New York, dated May 29, 2015, affirming an administrative deficiency notice disallowing an unincorporated business deduction claimed by petitioner for calendar year 2005, unanimously confirmed, without costs, the petition denied, and the proceeding commenced in this Court pursuant to CPLR 506 (b) (4) and article 78 dismissed.

Petitioner failed to establish its entitlement to the specific deduction it claims (Administrative Code of City of NY § 11-529 [e]). The Tax Appeals Tribunal’s determination that the claimed deduction is nondeductible under Administrative Code § 11-507 (3) and 19 RCNY 28-06 (d) (1) (i) (A) is supported by substantial evidence and has a rational basis in the law. No exception applies to make the claimed deduction properly deductible.

Concur — Sweeny, J.P., Acosta, Feinman, Kapnick and Kahn, JJ.

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Bluebook (online)

141 A.D.3d 420, 33 N.Y.S.3d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-tocqueville-asset-mgt-lp-v-new-york-city-tax-appeal-trib-nyappdiv-2016.

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