N.Y. Tax Law § 961: Effect of federal determination

§ 961. Effect of federal determination. (a) General.-- A final federal

determination as to

(1) the inclusion in the federal gross estate of any item of property

or interest in property,

(2) the allowance of any item claimed as a deduction from the federal

gross estate, or

(3) the value or amount of any such item, shall also determine the

same issue for purposes of the tax under this article unless such final

federal determination is shown by a preponderance of the evidence to be

erroneous.

(b) Definition.-- For the purpose of this section a final federal

determination means:

(1) A decision by the tax court or a judgment, decree or other order

by any court of competent jurisdiction which has become final.

(2) A final disposition by the secretary of the treasury or his

delegate of a claim for refund. Such disposition shall be deemed to have

occurred--

(A) as to items of the claim which are allowed, upon allowance of

refund or upon disallowance of the claim by reason of offsetting items;

and

(B) as to items of the claim which are disallowed, or as to items

applied by the secretary of the treasury or his delegate as an offset

against the claim, (i) upon expiration of the time for instituting suit

for refund with respect to such items, unless suit is instituted before

the expiration of such time, or (ii) upon filing with the surrogate or

appraiser a written statement, in such form as may be required by the

tax commission, that suit for refund will not be instituted.

(3) A closing agreement made under section seven thousand one hundred

twenty-one of the internal revenue code.

(4) An assessment pursuant to a waiver of restrictions on assessment,

or a notification in writing issued by the secretary of the treasury or

his delegate that the federal estate tax return has been accepted as

filed where such notification is issued after an audit of such return,

unless the executor shall have filed with the commissioner of taxation

and finance a written statement, in such form as may be required by the

commissioner, that a claim for refund of federal estate taxes has been

or will be filed.

(c) Items determined.-- If there has been a final federal

determination with respect to a decedent's federal estate tax, any item

entering into the computation of such tax shall be deemed to have been

the subject of the final federal determination, whether or not

specifically adjusted thereby.