N.Y. Tax Law § 1093: Transferees

§ 1093. 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 tax commission under this article or

under article nine, nine-a, nine-b or nine-c, 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, in case of successive transfers, donee, heir, legatee,

devisee, distributee, and successor by merger, consolidation or other

reorganization.

(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

tax commission 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 subsection (a)

or the immediately preceding paragraph of this subsection for the

assessment of the liability, the tax commission 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 subsection (b) of section

one thousand eighty-seven. 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 subsection (b)

of section one thousand eighty-seven on the amount of the credit or

refund, the periods specified in subsection (a) of section one thousand

eighty-seven shall be increased by the period from the date of such

expiration to the date of the agreement.

(c) Period for assessment against certain transferors.---For purposes

of this section, if any person is deceased, or is a corporation which

has terminated its existence, the period of limitation for assessment

against such person or corporation shall be the period that would be in

effect had death or termination of existence not occurred.

(d) Evidence.---The tax commission shall use its 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 subsection (e) of section one thousand

eighty-nine for rule as to burden of proof.