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Philip Caprio, et al., Respondents,v.New York State Department of Taxation and Finance, et al., Appellants, Andrew M. Cuomo,, Defendant.

Brief

59 Cited authorities

  1. Gregory v. Helvering

    293 U.S. 465 (1935)   Cited 1,443 times   6 Legal Analyses
    Holding that when the form of a transaction does not comport with its substance, the substance of the transaction controls for tax liability purposes

  2. Parochial v. Board of Educ

    60 N.Y.2d 539 (N.Y. 1983)   Cited 824 times
    Holding that § 3813's notice of claim requirement "is not satisfied by presentment to any other individual or body"

  3. United States v. Carlton

    512 U.S. 26 (1994)   Cited 181 times   12 Legal Analyses
    Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"

  4. Rowan Cos. v. United States

    452 U.S. 247 (1981)   Cited 202 times   12 Legal Analyses
    In Rowan, the Court held that Treasury Regulations interpreting “wages” under FICA to include the value of meals and lodging were invalid.

  5. United States v. Darusmont

    449 U.S. 292 (1981)   Cited 109 times   2 Legal Analyses
    Holding that the permissible period of retroactivity for federal taxation statutes "has been confined to short and limited periods required by the practicalities of producing national legislation."

  6. Welch v. Henry

    305 U.S. 134 (1938)   Cited 343 times   2 Legal Analyses
    Upholding Wisconsin law providing for retroactive application of graduated tax on dividends

  7. Emunim v. Town of Fallsburg

    78 N.Y.2d 194 (N.Y. 1991)   Cited 93 times
    In Kahal Bnei Emunim Talmud Torah Bnei Simon Israel v Town of Fallsburg (78 N.Y.2d 194), the Court of Appeals addressed the issue of a property owner's challenge to the "jurisdiction" of a taxing authority to impose a tax assessment upon a particular parcel of realty which was mandatorily exempt from taxation by statute.

  8. James Square Assocs. LP v. Mullen

    2013 N.Y. Slip Op. 3935 (N.Y. 2013)   Cited 41 times   2 Legal Analyses
    In James Sq., the Court concluded that a retroactive period of 16 months “should be considered excessive and weighs against the State” (21 N.Y.3d at 249, 970 N.Y.S.2d 888, 993 N.E.2d 374).

  9. Barstad v. Stewart Title Guar. Co.

    145 Wn. 2d 528 (Wash. 2002)   Cited 47 times   1 Legal Analyses
    Finding probable cause based on an expert's report that came to the same conclusion as an earlier report

  10. Telaro v. Telaro

    25 N.Y.2d 433 (N.Y. 1969)   Cited 121 times

    Argued October 28, 1969 Decided December 4, 1969 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FREDERICK BACKER, J. Leonard C. Shalleck, Irving I. Erdheim and Milton P. Falk for appellant. Morris H. Halpern and Abraham J. Heller for respondent. BREITEL, J. This appeal involves an action by a wife to recover, inter alia, one half of some $24,800 withdrawn by her husband, defendant-respondent, from a brokerage account held at that time in the names of both

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,292 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,779 times   43 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

  13. Section 1361 - S corporation defined

    26 U.S.C. § 1361   Cited 385 times   51 Legal Analyses
    Providing that any corporation is a taxable C-corporation unless it qualifies for, and elects, S-corp status

  14. Section 1366 - Pass-thru of items to shareholders

    26 U.S.C. § 1366   Cited 361 times   54 Legal Analyses
    Limiting pass-through deductions that shareholder may claim to "shareholder's basis in stock and debt"

  15. Section 453 - Installment method

    26 U.S.C. § 453   Cited 327 times   42 Legal Analyses
    Implying that the sale of "stock or securities which are [not] traded on an established securities market" would be subject to the installment method

  16. Section 331 - Gain or loss to shareholder in corporate liquidations

    26 U.S.C. § 331   Cited 324 times   10 Legal Analyses
    Covering corporate liquidations

  17. Section 332 - Complete liquidations of subsidiaries

    26 U.S.C. § 332   Cited 137 times   13 Legal Analyses
    Covering the complete liquidation of a wholly owned subsidiary

  18. Section 338 - Certain stock purchases treated as asset acquisitions

    26 U.S.C. § 338   Cited 88 times   43 Legal Analyses

    (a) General rule For purposes of this subtitle, if a purchasing corporation makes an election under this section (or is treated under subsection (e) as having made such an election), then, in the case of any qualified stock purchase, the target corporation- (1) shall be treated as having sold all of its assets at the close of the acquisition date at fair market value in a single transaction, and (2) shall be treated as a new corporation which purchased all of the assets referred to in paragraph (1)

  19. Section 453B - Gain or loss on disposition of installment obligations

    26 U.S.C. § 453B   Cited 11 times   3 Legal Analyses

    (a) General rule If an installment obligation is satisfied at other than its face value or distributed, transmitted, sold, or otherwise disposed of, gain or loss shall result to the extent of the difference between the basis of the obligation and- (1) the amount realized, in the case of satisfaction at other than face value or a sale or exchange, or (2) the fair market value of the obligation at the time of distribution, transmission, or disposition, in the case of the distribution, transmission

  20. Section 1.338(h)(10)-1 - Deemed asset sale and liquidation

    26 C.F.R. § 1.338(h)(10)-1   Cited 7 times

    (a)Scope. This section prescribes rules for qualification for a section 338(h)(10) election and for making a section 338(h)(10) election. This section also prescribes the consequences of such election. The rules of this section are in addition to the rules of §§ 1.338-1 through 1.338-10 and, in appropriate cases, apply instead of the rules of §§ 1.338-1 through 1.338-10 . (b)Definitions - (1)Consolidated target. A consolidated target is a target that is a member of a consolidated group within the

  21. Section 3000.17 - Review by tribunal

    N.Y. Comp. Codes R. & Regs. tit. 20 § 3000.17   Cited 6 times   1 Legal Analyses

    (a) Filing of exception. (1) Within 30 days after the giving of notice of the determination of an administrative law judge, any party may take exception to such determination and seek review thereof by the tribunal by filing an exception with the secretary. The exception should be filed with the secretary either in person at the offices in Albany or by mail addressed to: Secretary to the Tax Appeals Tribunal State of New York Division of Tax Appeals Agency Building 1 Empire State Plaza Albany, New

  22. Section 1.338-5 - Adjusted grossed-up basis

    26 C.F.R. § 1.338-5   Cited 2 times

    (a)Scope. This section provides rules under section 338(b) to determine the adjusted grossed-up basis (AGUB) for target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the deemed purchase under section 338(a)(2). AGUB is allocated among target's assets in accordance with § 1.338-6 to determine the price at which the assets are deemed to have been purchased. When a subsequent increase or decrease with respect to an element of AGUB is required under general

  23. Section 132.5 - Income from intangible personal property

    N.Y. Comp. Codes R. & Regs. tit. 20 § 132.5   Cited 1 times

    Tax Law, § 632(b)(2) (a) Items of income, gain, loss and deduction attributable to intangible personal property of a nonresident individual, including annuities, dividends, interest, and gains and losses from the disposition of intangible personal property, do not constitute items of income, gain, loss and deduction derived from or connected with New York State sources, except to the extent attributable to property employed in a business, trade, profession or occupation carried on in New York State

  24. Section 105.10 - Accounting methods

    N.Y. Comp. Codes R. & Regs. tit. 20 § 105.10

    Tax Law, § 605(a)(3) (a)General. (1) A taxpayer must employ the same method of accounting in determining such taxpayer's New York taxable income as such taxpayer uses for Federal income tax purposes. (2) The term method of accounting refers not only to the overall method of accounting (such as cash or accrual), but also to the accounting treatment of particular items of income, gain, loss or deduction (such as depreciation and research and expenditures). (b)Absence of method of accounting for Federal

  25. Section 132.8 - Undistributed taxable income, net operating loss and gain or loss on sale or exchange of stock with respect to an electing small business corporation

    N.Y. Comp. Codes R. & Regs. tit. 20 § 132.8

    Tax Law, § 632(b)(2)-(4) For a nonresident individual who is a shareholder of a corporation which is an electing small business corporation for Federal income tax purposes: (a) undistributed taxable income of such corporation does not constitute income or gain derived from New York State sources; (b) a net operating loss of such corporation does not constitute a loss or deduction derived from or connected with New York State sources; and (c) any gain or loss realized or incurred on the sale or exchange