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MTR OF ROSENTHAL v. TAX COMM

102 A.D.2d 325 (1984)

In the Matter of Sidney Rosenthal, Deceased, et al., Petitioners, v. New York State Tax Commission, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 21, 1984

Attorney(s) appearing for the Case

Murray M. Weinstein for petitioners.

Robert Abrams, Attorney-General (Diane DeFurio Foody and William J. Kogan of counsel), for respondent.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.

LEVINE, J.

Petitioners Sidney Rosenthal, deceased, and his wife were residents of the State of Florida during the period in question. On November 1, 1967, Rosenthal became a limited partner in the New York City brokerage firm of Emanuel, Deetjen & Company (Emanuel, Deetjen) with a capital investment of $100,000. At the same time, he and Emanuel, Deetjen entered into an "agreement subordinating account" under...

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