The New York City Tax Appeals Tribunal, as it is currently structured, came into being on Oct. 1, 1992. Since that date the tribunal sitting en banc in review of determinations made by administrative law judges had never been reversed by the Appellate Division. That streak ended on March 12, 2002, when the First Department granted a refund of unincorporated business tax (UBT) to a taxpayer.
In another case with significant impact on the City’s business taxes, the chief administrative law judge issued a determination relating to the City’s tax on banking corporations that involved: formulary apportionment; a statement of audit procedure issued by the audit division of the City’s Department of Finance; and the discretionary authority of the commissioner of finance to vary from the statutory apportionment formula.
