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MATTER OF FUND v. NEW YORK STATE DEP'T OF TAXATION & FIN.

132 A.D.2d 787 (1987)

In the Matter of Paul A. Fund et al., Petitioners, v. New York State Department of Taxation and Finance, Respondent

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

July 9, 1987

Harvey, J.

In 1969, the Internal Revenue Service (IRS) audited petitioners' Federal income tax returns for the years 1965 and 1966. An assessment of additional tax was made based upon the determination that petitioners had incorrectly reported certain ordinary income as capital gains. The amount due was subsequently recomputed and, after petitioners declared that they were unable to pay the tax, a compromise settlement was made with the IRS in June 1974...

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