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MATTER OF SANCHEZ v. NEW YORK STATE TAX COMM'N

112 A.D.2d 487 (1985)

In the Matter of Jose Sanchez et al., Appellants, v. New York State Tax Commission, Respondent

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

July 3, 1985

Casey, J.

In this CPLR article 78 proceeding, petitioner Jose Sanchez (hereinafter petitioner) attacks a determination of respondent which considered an arbitration award received by him in 1975 to be "back pay" and, therefore, includable in petitioner's gross income for tax purposes in that year.

Petitioner received the award in 1975 on his claim against his employer for wrongful discharge. Petitioner apportioned the award on his Federal and...

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