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BUCHBINDER TUNICK & COMPANY v. TAX APPEALS TRIBUNAL OF THE CITY OF NEW YORK

292 A.D.2d 217 (2002)

739 N.Y.S.2d 57

BUCHBINDER TUNICK & COMPANY, Petitioner, v. TAX APPEALS TRIBUNAL OF THE CITY OF NEW YORK et al., Respondents.

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

Decided March 12, 2002.

Petitioner sought refunds of a portion of business tax based on a claim that it was entitled to deduct from its income in each of the aforementioned years certain installment payments made to retired partners since, pursuant to the Partnership Agreement, such payments were made to extinguish the retired partners' ownership interests in the partnership. The retired partners were to receive the amount in their capital accounts computed on an accrual basis in exchange for their...

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