Parsons v. State Tax Commission
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term, entered April 13, 1972 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to cancel and annul notices of determination issued by respondent and to restrain respondent from continuing further administrative hearings on such notices. Petitioners are officers and directors of Parsons of Glens Falls, Inc., a corporation engaged in the sale and rental of automobiles. The corporation filed tax returns for sales taxes it collected for four quarters ending February 28, 1969, May 31, 1969, August 31, 1969 and November 30, 1969 which returns appellant admitted contained correct computations of the amount of taxes due. The corporation failed to pay the taxes and is presently in the process of seeking adjudication in bankruptcy. A notice of determination and demand under jeopardy dated November 19, 1970 was served on each of the respondents. This notice stated that the amount of tax due and payable had been determined pursuant to section 1138 of the Tax Law. Subsequently, a second notice dated January 20, 1971 was served on respondents stating that they were personally liable as officers of the corporation under sections 1131 and 1133 of the Tax Law for the sales tax collected by Parsons of Glens Falls, Inc. This notice also contained a statement that the Tax Commission's determination would become final unless the respondents filed an application for. a hearing within 90 days. On January 25, 1971 the first notice was canceled.. All of the respondents, except one, demanded a hearing, but when the proceedings commenced on March 16, 1971 they protested that the commission had no authority to make the determination or to conduct the hearing in this particular case. The hearing officer stated he had no power to rule on a question of law and proceeded with the hearing. After two days the hearings were adjourned to July 7, 1971 due to illness of appellant’s counsel. In the interim, on May 18, 1971, respondents commenced an article 78 proceeding seeking a judgment that the Tax Commission had acted beyond its authority and prohibiting it from continuing the hearing and ordering it to annul the determinations. Appellant moved to dismiss the petition but the motion was denied and appellant duly answered. Respondents then moved for summary judgment and it was granted. From that judgment this appeal was taken. Respondents contend that the State Tax Commission had no authority to serve notices of determination and demand since the tax returns were filed with the commissioner and the computations of taxes due contained therein were correct. (Tax Law, § 1138.) Appellant contends that respondents, as officers of the corporation, are personally liable for the sales taxes collected as provided by sections 1131
Case-law data current through December 31, 2025. Source: CourtListener bulk data.