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State and Local Tax Blog

About This Blog

Taxes in New York (TiNY) is a blog by the Hodgson Russ LLP State and Local Tax Practice Group members Chris Doyle, Peter Calleri, and Zoe Peppas. The weekly reports are intended to go out every Tuesday after the New York State Division of Tax Appeals (DTA) publishes new ALJ Determinations and Tribunal Decisions. In addition to the weekly reports, TiNY may provide analysis of and commentary on other developments in the world of New York tax law.

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Photo of State and Local Tax Blog Christopher L. Doyle
Partner, State & Local Tax Practice Leader
cdoyle@hodgsonruss.com
716.848.1458
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Chris is in the firm's State & Local Tax (SALT) Practice. His practice spans most tax matters, but focuses primarily on New York State and New York City business taxes …

Showing 176 posts by Christopher L. Doyle.

TiNY Report for September 7, 2017 (covering DTA cases issued the week of August 28)

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There’s nothing like the news coverage of a couple of huge hurricanes, an earthquake of unprecedented power in Mexico, and a missile shot over Japan to lend perspective to what we report here. In the Grand Scheme of Things, taxes are of lesser significance. That said, we embrace our place. To paraphrase Mrs. Gump: “TiNY is as TiNY does”. And even though New York taxes matter little (or not at all) to the great majority of people in the World, they are important to us. If you are reading this, we assume they are important to you, too.

So…there was one ALJ determination and were three ALJ orders posted by the DTA today. And as of this writing, the Tribunal has posted nothing this week. This was a rare good day for petitioners who went 4 for 4.

TiNY Report for August 31, 2017 (covering DTA cases issued the week of August 21)

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The Division of Tax Appeals started the inexorable march to the end of summer and the long Labor Day weekend by issuing one decision, two determinations and an ALJ order. And since I brought up Labor Day, let me offer my thanks to the staff at the Hodgson Russ LLP SALT group, who always try their hardest to make it easier for me and the rest of our SALT lawyers to serve our clients. Particular thanks go to my assistant Linette, who has been my gatekeeper for more than twenty years. 

TiNY Report for August 24, 2017 (covering DTA cases issued the week of August 17)

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Two ALJ Determinations and one Tribunal Decision this week.  No orders.  All were posted by the time we logged-in this morning.  Early posting appears to be the DTA’s new SOP.  As much as we really appreciate it, this is probably the last time we’ll acknowledge it since we don’t want our readers to think we are sucking-up too much.  So, now and forever, thank you DTA, for the early postings.  Keep up the good work.

TiNY Report for August 17 (covering Division of Tax Appeals cases issued during the week of August 10)

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Once again, DTA beat me to the punch this morning, posting the two ALJ Determinations, one ALJ Order and one Tribunal Decision before I opened my browser.

TiNY Report for August 10, 2017 (covering cases issued by the Division of Tax Appeals the week of July 30)

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Two ALJ Determinations, but no Decisions or Orders this week.

Before going to the cases, your authors would like to offer some reminders on TiNY’s limitations.  If you scroll down to the bottom of our web page, you’d find (under our “Principal Address”) our “Blog Disclaimer” link.  Since some of you will never go to the bottom of our blog screen, we will, from time-to-time (usually during a slow news week), re-print the Disclaimer in a Report just so everyone understands what we are about and how TiNY Reports should be used.  Here you go:

TiNY Report for August 4, 2017 (reporting on DTA cases issued the Week of July 23)

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A TAT decision, an ALJ Order, and two other newsworthy tidbits to report this week.

TiNY Report for July 27, 2017 (covering DTA cases published on July 20)

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Got to the office.  Booted up my computer.  Grabbed a cup of coffee.  Went through the overnight emails.  Called up the DTA website before 9:00 , and everything was posted.  THANK YOU DTA.  The faster you post, the faster I blog.  So we are a full day ahead of schedule this week.

Nothing from the Tribunal to report.  But the ALJ unit gave us three determinations and one order.  Judge Gardiner was busy, busy, busy and adjudicated three of the cases.

TiNY Report for July 20, 2017

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Today, I was pleasantly surprised to see that DTA updated everything this morning – before noon!  It could be because there were no ALJ determinations, orders, or Tribunal orders.  Just one Tribunal decision. Light fare.

TiNY Report for July 13, 2017

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3 ALJ Determinations and 2 DTA orders.  Nothing from the Tribunal.

TiNY Report for July 6 (covering DTA Determinations/Decisions during the week of June 25)

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As mentioned last week, one of your authors made a rare appearance in NY State Supreme Court (which is New York’s trial court) for oral argument.  I have appeared for oral arguments in other venues (NYS Tax Appeals Tribunal; NYS Appellate Division, Third Department; NYS Court of Appeals; PA Board of Finance and Revenue), but this was my first time in Supreme Court.  It was a hoot.  The bench was “hot” in that it was clear the judge had read all of the materials provided previously by counsel.  And right out of the blocks the judge was peppering both sides with questions that indicated the judge understood the issues.  We went back and forth for an hour before the judge had us stop so he could do a conference on another case.  Most oral arguments are fifteen minutes of working off of a script and being asked one or two questions by the court.  My trip to the Supreme Court was a refreshing change of pace.

This week:  A Decision, a Determination and an Order from the Division of Tax Appeals