N.Y. Tax Law § 978: Compromise agreements in cases of disputed domicile

§ 978. Compromise agreements in cases of disputed domicile. (a)

Determining tax under this article. Where the commissioner of taxation

and finance claims that a decedent was domiciled in this state at the

time of his death and the taxing authorities of another state or states

make a similar claim with respect to their state or states, the

commissioner of taxation and finance may enter into a written agreement

with such taxing officials and with the executor that a certain sum

shall be accepted in full payment of the tax imposed by this article,

provided that said agreement also fixes the amount to be paid to such

other state or states in full payment of the death taxes thereof. Full

power and authority is hereby conferred upon the executor to enter into

the agreement provided for herein. The execution of such agreement shall

finally and conclusively fix and determine the amount of tax imposed by

this article, except as otherwise provided in such agreement with

respect to the valuation of estates devoted to farming or closely held

business and except as provided in subsection (b) of this section,

without regard to any other provision of the laws of this state.

(b) Payment of agreed tax. The executor shall pay to the commissioner

of taxation and finance the amount of tax fixed in the agreement

described in subsection (a) of this section. In the event the aggregate

amount payable under such agreement to the states involved is less than

the maximum credit allowable to the estate against the United States

estate tax imposed with respect thereto, the executor forthwith shall

also pay to the commissioner of taxation and finance so much of the

difference between such aggregate amount and the amount of such credit,

as the amount payable to the commissioner under the agreement bears to

such aggregate amount.

(c) Definition. As used in this section the word "state" means any

state, territory, or possession of the United States, the District of

Columbia and the Dominion of Canada or any province thereof.