This is a motion to reduce the penalty of 10% to 6% pursuant to subdivision 1 of section 249-z of the Tax Law which reads: "In case the time of payment has not been extended by the tax commission and the tax or any portion thereof is subject to interest at the rate of ten per centum per annum, such interest may be reduced by the surrogate to six per centum per annum, if by reason of claims made upon the estate, necessary litigation...
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