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MATTER OF BROOKLYN UNION GAS COMPANY v. NEW YORK STATE TAX APPEALS TRIBUNAL

514825.

107 A.D.3d 1080 (2013)

967 N.Y.S.2d 174

2013 NY Slip Op 4067

In the Matter of BROOKLYN UNION GAS COMPANY et al., Petitioners, v. NEW YORK STATE TAX APPEALS TRIBUNAL et al., Respondents.

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

Decided June 6, 2013.

Lahtinen, J.

Petitioners are regulated public utilities engaged in the business of providing natural gas to customers in New York City and Long Island. Starting in 2000, petitioners were subject to a corporate franchise tax pursuant to Tax Law article 9-A and, unlike Tax Law article 9 under which they had been previously taxed, article 9-A permits an investment tax credit (hereinafter ITC) for property that meets various criteria including, as relevant here, that...

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