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BURTON v. NYS DEPT. OF FIN.

No. 115

25 N.Y.3d 732 (2015)

37 N.E.3d 718

16 N.Y.S.3d 215

2015 NY Slip Op 05624

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

Court of Appeals of New York.

Decided July 1, 2015.

Attorney(s) appearing for the Case

Hutton & Solomon LLP, New York City ( Kenneth I. Moore , Stephen L. Solomon and Roger S. Blane of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Judith N. Vale , Barbara D. Underwood and Cecelia C. Chang of counsel), for respondents.

OPINION OF THE COURT

Plaintiffs, nonresident shareholders in an S corporation, challenge under New York Constitution, article XVI, § 3 a tax imposed on their pro rata share of gains from the sale of the corporation's stock. We conclude that there is no constitutional bar...

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