South Suffolk Recreation Ventures, Inc. v. Tax Appeals Tribunal
Opinion of the Court
—Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal which sustained a real property transfer gains tax assessment imposed under Tax Law article 31-B.
In January 1988, petitioner contracted to sell certain real property to RCP Properties, Inc. for consideration totaling $2,275,000. Part of the consideration included a $1,000,000 purchase money bond and mortgage held by petitioner. The property was transferred to RCP in August 1989, and petitioner paid a gains tax of $134,481.66 on a taxable gain of $1,344,816.55. Subsequently, on August 29, 1991, petitioner and RCP executed a memorandum of understanding and a modification agreement to the 1989 purchase money mortgage, each of which purported to reduce the 1989 selling price of the property by $500,000. Claiming that its gain had been reduced as a result of this renegotiated price, petitioner filed a claim for a refund of about $33,000 of the gains tax it had previously paid. The refund claim was denied by the Department of Taxation and Finance and the denial was ultimately sustained by respondent Tax Appeals Tribunal. This proceeding ensued.
We confirm. In our view, the Tribunal correctly concluded
The remaining arguments raised by petitioner have been examined and found to be unpersuasive.
Cardona, P. J., Mikoll, White and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.