§ 141 — Transferees

New York § 141

• Jurisdiction: New York
• Law GCM: General City Model 772/66

Text

§ 141. Transferees. (a) General.--The liability, at law or in equity,\nof a transferee of property of a taxpayer for any tax, additions to tax,\npenalty or interest due the director of finance under this title, shall\nbe assessed, paid, and collected in the same manner and subject to the\nsame provisions and limitations as in the case of the tax to which the\nliability relates, except that the period of limitations for assessment\nagainst the transferee shall be extended by one year for each successive\ntransfer, in order, from the original taxpayer to the transferee\ninvolved, but not by more than three years in the aggregate. The term\n"transferee" includes donee, heir, legatee, devisee and distributee.\n (b) Exceptions.--(1) If before the expiration of the period of\nlimitations for assessment of liability of the transferee, a claim has\nbeen filed by the director of finance in any court against the original\ntaxpayer or the last preceding transferee based upon the liability of\nthe original taxpayer, then the period of limitation for assessment of\nliability of the transferee shall in no event expire prior to one year\nafter such claim has been finally allowed, disallowed or otherwise\ndisposed of.\n (2) If, before the expiration of the time prescribed in subdivision\n(a) or the immediately preceding paragraph of this subdivision for the\nassessment of the liability, the director of finance and the transferee\nhave both consented in writing to its assessment after such time, the\nliability may be assessed at any time prior to the expiration of the\nperiod agreed upon. The period so agreed upon may be extended by\nsubsequent agreements in writing made before the expiration of the\nperiod previously agreed upon. For the purpose of determining the period\nof limitation on credit or refund to the transferee of overpayments of\ntax made by such transferee or overpayments of tax made by the\ntransferor as to which the transferee is legally entitled to credit or\nrefund, such agreement and any extension thereof shall be deemed an\nagreement and extension thereof referred to in subdivision (b) of\nsection one hundred thirty-five. If the agreement is executed after the\nexpiration of the period of limitation for assessment against the\noriginal taxpayer, then in applying the limitations under subdivision\n(b) of section one hundred thirty-five on the amount of the credit or\nrefund, the periods specified in subdivision (a) of section one hundred\nthirty-five shall be increased by the period from the date of such\nexpiration to the date of the agreement.\n (c) Deceased transferor.--If any person is deceased, the period of\nlimitation for assessment against him shall be the period that would be\nin effect if he had lived.\n (d) Evidence.--Notwithstanding the provisions of subdivision (e) of\nsection one hundred forty-five the director of finance shall use his\npowers to make available to the transferee evidence necessary to enable\nthe transferee to determine the liability of the original taxpayer and\nof any preceding transferees, but without undue hardship to the original\ntaxpayer or preceding transferee. See subdivision (e) of section one\nhundred thirty-seven for rule as to burden of proof.\n