MATTER OF RAPOPORT v. KOENIG


237 A.D.2d 820 (1997)

655 N.Y.S.2d 205

In the Matter of Sidney Rapoport, Petitioner, v. Frances R. Koenig, as Commissioner of The Tax Appeals Tribunal of the State of New York, et al., Respondents

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

March 20, 1997


Mercure, J.

Petitioner is the owner of real property located at 187-195 Hudson Street in New York City. In 1990, petitioner entered into an agreement whereby he leased the property for the period July 16, 1990 through May 31, 2039 at an annual rent of $490,000 and, for additional consideration of $499,990, granted an option to purchase the property, exercisable on July 1, 1995. It is undisputed that the transaction resulted in a taxable gain of $3,909...

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