N.Y. General City Model 772/66 § 141: Transferees

§ 141. Transferees. (a) General.--The liability, at law or in equity,

of a transferee of property of a taxpayer for any tax, additions to tax,

penalty or interest due the director of finance under this title, shall

be assessed, paid, and collected in the same manner and subject to the

same provisions and limitations as in the case of the tax to which the

liability relates, except that the period of limitations for assessment

against the transferee shall be extended by one year for each successive

transfer, in order, from the original taxpayer to the transferee

involved, but not by more than three years in the aggregate. The term

"transferee" includes donee, heir, legatee, devisee and distributee.

(b) Exceptions.--(1) If before the expiration of the period of

limitations for assessment of liability of the transferee, a claim has

been filed by the director of finance in any court against the original

taxpayer or the last preceding transferee based upon the liability of

the original taxpayer, then the period of limitation for assessment of

liability of the transferee shall in no event expire prior to one year

after such claim has been finally allowed, disallowed or otherwise

disposed of.

(2) If, before the expiration of the time prescribed in subdivision

(a) or the immediately preceding paragraph of this subdivision for the

assessment of the liability, the director of finance and the transferee

have both consented in writing to its assessment after such time, the

liability may be assessed at any time prior to the expiration of the

period agreed upon. The period so agreed upon may be extended by

subsequent agreements in writing made before the expiration of the

period previously agreed upon. For the purpose of determining the period

of limitation on credit or refund to the transferee of overpayments of

tax made by such transferee or overpayments of tax made by the

transferor as to which the transferee is legally entitled to credit or

refund, such agreement and any extension thereof shall be deemed an

agreement and extension thereof referred to in subdivision (b) of

section one hundred thirty-five. If the agreement is executed after the

expiration of the period of limitation for assessment against the

original taxpayer, then in applying the limitations under subdivision

(b) of section one hundred thirty-five on the amount of the credit or

refund, the periods specified in subdivision (a) of section one hundred

thirty-five shall be increased by the period from the date of such

expiration to the date of the agreement.

(c) Deceased transferor.--If any person is deceased, the period of

limitation for assessment against him shall be the period that would be

in effect if he had lived.

(d) Evidence.--Notwithstanding the provisions of subdivision (e) of

section one hundred forty-five the director of finance shall use his

powers to make available to the transferee evidence necessary to enable

the transferee to determine the liability of the original taxpayer and

of any preceding transferees, but without undue hardship to the original

taxpayer or preceding transferee. See subdivision (e) of section one

hundred thirty-seven for rule as to burden of proof.