§ 73 — Transferees

§ 73. 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 to the city under this local law, shall be\nassessed, paid, and collected in the same manner and subject to the same\nprovisions 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 administrator 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 administrator and the transferee have\nboth 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 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 sixty-seven. If the agreement is executed after the expiration\nof the period of limitation for assessment against the original\ntaxpayer, then in applying the limitations under subdivision (b) of\nsection sixty-seven on the amount of the credit or refund, the periods\nspecified in subdivision (a) of section sixty-seven shall be increased\nby the period from the date of such expiration to the date of the\nagreement.\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 section\nseventy-eight, the administrator shall use his powers to make available\nto the transferee evidence necessary to enable the transferee to\ndetermine the liability of the original taxpayer and of any preceding\ntransferees, but without undue hardship to the original taxpayer or\npreceding transferee. See subdivision (e) of section sixty-nine for\nrule as to burden of proof.\n