§Why CasetextPricing

Robert R. Burton et al., Appellants,v.New York State Department of Taxation and Finance et al., Respondents.

Brief

23 Cited authorities

  1. 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"

  2. Foss v. City of Rochester

    65 N.Y.2d 247 (N.Y. 1985)   Cited 119 times
    Holding that statutes require "only a reasonable degree of certainty so that individuals of ordinary intelligence are not forced to guess at the meaning of statutory terms"

  3. State Tax Comm'n v. Aldrich

    316 U.S. 174 (1942)   Cited 117 times
    Rejecting "a rule of immunity from taxation by more than one state," including with respect to income taxation

  4. Travis v. Yale Towne Mfg. Co.

    252 U.S. 60 (1920)   Cited 148 times
    Holding that a state has jurisdiction to tax the income of nonresidents arising from business or occupations conducted within the borders of that state

  5. Bordeleau v. State

    2011 N.Y. Slip Op. 8444 (N.Y. 2011)   Cited 21 times

    2011-11-21 Lee BORDELEAU et al., Respondents, v. STATE of New York et al., Appellants. Eric T. Schneiderman, Attorney General, Albany (Barbara D. Underwood, Paul Groenwegen and Andrew D. Bing of counsel), for State of New York, appellant. Greenberg Traurig, LLP, Albany (Harold Iselin, Cynthia E. Neidl and Victoria E. Lane of counsel), for Globalfoundries U.S., Inc., appellant. JONES Eric T. Schneiderman, Attorney General, Albany (Barbara D. Underwood, Paul Groenwegen and Andrew D. Bing of counsel)

  6. Matter of Tamagni v. Tax Appeals Tribunal

    91 N.Y.2d 530 (N.Y. 1998)   Cited 23 times   7 Legal Analyses
    In Matter of Tamagni v Tax Appeals Trib. of State of N.Y. (91 NY2d 530 [1998]), this Court examined the legislative history of the tax statute, and noted that there had been "several cases of multimillionaires who actually maintain homes in New York and spend ten months of every year in those homes... but... claim to be nonresidents" (91 NY2d at 535 quoting Income Tax Bureau Mem, Bill Jacket, L 1922, ch 425).

  7. Gen. Mills v. Commr. of Revenue

    440 Mass. 154 (Mass. 2003)   Cited 14 times
    Holding that gain from deemed sale of assets should have been included in Massachusetts gross income because it was includable in Federal gross income

  8. Adler v. Deegan

    251 N.Y. 467 (N.Y. 1929)   Cited 179 times
    Upholding the Multiple Dwelling Law against a claim that it violated the city home rule provisions of the Constitution

  9. Prince v. State Dept. of Revenue

    55 So. 3d 273 (Ala. Civ. App. 2010)   Cited 3 times
    Holding that a plurality opinion “does not constitute binding authority”

  10. Ampco Print.-Advs. Offset Corp. v. City of N.Y

    14 N.Y.2d 11 (N.Y. 1964)   Cited 36 times
    Rejecting argument that CRT was a tax on real estate or an ad valorem tax because it was based on use, not on ownership of real or intangible personal property

  11. 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

  12. 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"

  13. 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)

  14. 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

  15. Section 4-2.2 - Net gains from the sale of real property

    N.Y. Comp. Codes R. & Regs. tit. 20 § 4-2.2   Cited 6 times

    (Tax Law, section 210-A(2)(d)) (a) Net gains (not less than zero) from the sales of real property located in New York are included in New York receipts. Net gains (not less than zero) from sales of real property located within and without New York State are included in everywhere receipts. (b) For each sale of real property, the corporation must compute a gain or loss from the sale by subtracting its adjusted basis in the real property from the sale price of the real property. If the sale price exceeds