BURTON v. NEW YORK STATE DEPT. OF TAXATION & FIN.

3207-13

43 Misc.3d 316 (2014)

978 N.Y.S.2d 653

2014 NY Slip Op 24004

ROBERT R. BURTON et al., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Defendants.

Supreme Court, Albany County.

Decided January 6, 2014.


Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Adrienne Kerwin of counsel), for defendants.

Hutton & Solomon, LLP, New York City ( Kenneth I. Moore of counsel), for plaintiffs.


OPINION OF THE COURT

MICHAEL C. LYNCH, J.

Plaintiffs, residents of Tennessee, were shareholders of JBS Sports, Inc., incorporated in Tennessee and taxable as an S corporation for federal and New York State income tax purposes. In 2007, plaintiffs sold all their stock to a third party, Yahoo, Inc. As part of this sale, JBS and Yahoo made an election under Internal Revenue Code (26 USC) § 338 (h) (10...

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