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IN THE MATTER OF CBS CORP. v. TAX APPEALS TRIB. OF STATE OF NEW YORK

56 A.D.3d 908 (2008)

867 N.Y.S.2d 270

IN THE MATTER OF CBS CORPORATION, FORMERLY Known as VIACOM, INC., Petitioner, v. 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.

November 13, 2008.

Mercure, J.P.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal which sustained an assessment of real estate transfer tax imposed under Tax Law article 31.

In May 2000, CBS Corporation and Viacom, Inc. merged, creating petitioner and effecting a transfer of a controlling interest in CBS for purposes of the real estate transfer tax. Petitioner's tax returns...

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