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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Psaty & Fuhrman, Inc. v. New York State Tax Commission

Petitioner, a general contracting firm involved in the construction of the Nelson A. Rockefeller Empire State Plaza, faced a personal income tax assessment for additional payments made to 16 employees. These payments, characterized as per diem living and travel allowances, did not have New York State income taxes withheld. The State Tax Commission, after an audit and hearing, ruled these were supplemental wages subject to withholding tax, not reimbursements. Petitioner initiated a CPLR article 78 proceeding, bearing the burden of proof, to challenge this determination. The court, noting the payments lacked a fixed formula and some recipients lived locally, found the respondent acted reasonably. The determination was confirmed, and the petition dismissed.

Personal Income TaxWithholding TaxSupplemental WagesPer Diem PaymentsTravel AllowanceLodging AllowanceCPLR Article 78Burden of ProofTax DeficiencyState Tax Commission
References
1
Case No. MISSING
Regular Panel Decision

Rosenbloom v. New York State Tax Commission

The petitioner, a real estate appraiser, challenged an unincorporated business tax assessment imposed by the State Tax Commission for the years 1967-1973. The court referenced a prior ruling (Matter of Rosenbloom v State Tax Comm.) which established that the petitioner's activities did not constitute a profession, thus not exempting him from the tax. Finding no new evidence to warrant a change in position, the court upheld the commission's determination regarding the professional exemption. Furthermore, the petitioner's attempt to deduct the fair value of his wife's uncompensated services was denied, as the expense was neither paid nor incurred during the taxable year, failing to meet the criteria for ordinary and necessary business deductions. Consequently, the determination was confirmed, and the petition was dismissed.

real estate appraiserunincorporated business taxtax assessmentprofessional exemptionbusiness expenseCPLR Article 78State Tax CommissionAlbany Countyprior precedentdeduction denial
References
2
Case No. MISSING
Regular Panel Decision

Craftmatic Comfort Manufacturing Corp. v. New York State Tax Commission

Petitioner, a Pennsylvania corporation selling adjustable beds, challenged a sales and use tax assessment for the period of March 1978 to February 1981. The corporation argued that sales of its beds, when prescribed by a physician, should be exempt as medical equipment under Tax Law § 1115 (a) (3). The respondent's determination disallowed this exemption, claiming the beds were not primarily used for medical purposes. The court, however, found the respondent's decision lacked substantial evidence, citing approvals from the Workers’ Compensation Board, Medicare, and the FDA, all of which classified the beds as medical devices or hospital beds. Consequently, the court annulled the portion of the determination denying the exemption for prescription sales and remitted the case for further proceedings.

Sales TaxUse TaxMedical Equipment ExemptionHospital BedsPhysician's PrescriptionSubstantial EvidenceTax LawCPLR Article 78Administrative ReviewTax Assessment
References
5
Case No. MISSING
Regular Panel Decision

Wortman v. State Tax Commission

The petitioner, a salesman for Madison Sportswear and Wardrobe Makers, was assessed unincorporated business taxes for the years 1971-1974 by the State Tax Commission. He worked on a straight commission, maintained a home office, and received no employee benefits. Despite some evidence suggesting an employer-employee relationship, the Commission determined his activities constituted an unincorporated business, making his earnings subject to the tax. The court, in a CPLR article 78 proceeding, confirmed the Commission's determination, dismissing the petition.

Unincorporated Business TaxSalesmanCommission-basedEmployer-Employee RelationshipTax LawState Tax CommissionCPLR Article 78Tax LiabilityBusiness Expenses
References
3
Case No. MISSING
Regular Panel Decision

Pochter v. State Tax Commission

The case concerns Leonard Pochter, an outside commission salesman, challenging a State Tax Commission determination classifying him as an independent contractor, thus subjecting him to unincorporated business tax for 1966-1972. Pochter contended he was an employee of two wholesale apparel firms, which would exempt him from the tax. Despite some company restrictions and requirements, the Commission found a lack of substantial control over his sales methods. The court affirmed the Commission's decision, citing insufficient evidence of employer supervision to establish an employee relationship, thereby dismissing Pochter's petition.

unincorporated business taxindependent contractor statusemployee statuscommission salesmantax assessmentCPLR Article 78State Tax Commissionapparel industryemployer control testtax law interpretation
References
10
Case No. MISSING
Regular Panel Decision

Pearl v. State Tax Commission

This proceeding reviewed a determination by the State Tax Commission that a sales representative for Gravely Furniture Company, Inc. was subject to unincorporated business taxes for multiple years (1967-1973). The Commission found no employer-employee relationship due to insufficient direction and control by Gravely over the petitioner's activities. The court affirmed this determination, concluding there was substantial evidence, noting the petitioner was compensated on commission, not covered by workers' compensation or company pension, filed Federal Schedule 'C', paid self-employment taxes, and hired another sales representative. The determination was confirmed, and the petition dismissed.

Unincorporated Business TaxTax LawSales RepresentativeEmployer-Employee RelationshipIndependent ContractorState Tax CommissionCPLR Article 78Judicial ReviewSubstantial EvidenceCommission-based Compensation
References
2
Case No. CV-24-1494
Regular Panel Decision
Jan 15, 2026

Matter of Beeline.Com, Inc. v. State of N.Y. Tax Appeals Trib.

Petitioner, Beeline.Com, Inc., a Florida company, initiated a CPLR article 78 proceeding to challenge a determination by the New York Tax Appeals Tribunal. The Tribunal upheld a sales tax assessment imposed by the Department of Taxation and Finance on Beeline.Com's vendor management system (VMS), deeming it a sale of licenses to use prewritten computer software under Tax Law article 28. Beeline.Com argued it primarily provided nontaxable services and its software was customized, not prewritten. The Appellate Division, Third Department, confirmed the Tribunal's determination, finding that the VMS license constituted a sale of tangible personal property, was prewritten software despite minor reconfigurations, and was the core element of Beeline.Com's transactions, not incidental to services.

Sales TaxComputer Software LicensePrewritten SoftwareTax Appeals TribunalCPLR Article 78Vendor Management System (VMS)Tangible Personal PropertyTrue Object TestPrimary Function TestTax Law Article 28
References
15
Case No. 07-CV-02456 (NGG)(VVP)
Regular Panel Decision
Jun 01, 2010

United States v. Pugh

The United States of America sued Archie J. Pugh, Jr. and Theodore Pugh, operating as Archie’s Tax and Accounting Service, to enjoin them from promoting a "claim of right" tax-evasion scheme and from acting as federal tax return preparers. The defendants falsely advised clients that income from personal services was exempt from federal taxation, resulting in significant understatements of tax liability and fraudulent refund claims. The court found that the Pughs repeatedly violated Internal Revenue Code sections related to tax preparer penalties, abusive tax shelters, and aiding and abetting understatement of tax liability. Despite a prior preliminary injunction, the defendants continued their unlawful activities. Therefore, the Government's motion for summary judgment was granted, permanently enjoining the Pughs from acting as federal tax return preparers.

Tax Evasion SchemeClaim of Right DoctrineTax Return PreparersPermanent InjunctionSummary JudgmentInternal Revenue CodeFrivolous Tax ReturnsTax FraudAbusive Tax SheltersUnderstatement of Tax Liability
References
63
Case No. MISSING
Regular Panel Decision
Mar 21, 1984

Claim of Morgen v. CBS, Inc.

The claimant, who alleges a work-related back injury from 1973, refused to provide his Federal tax returns for the years 1974 through 1981 in response to a subpoena. The Workers’ Compensation Board upheld an order to close the case until the claimant produces the requested tax returns or an authorization for the IRS to transmit certified copies. The court found that the Board's decision was within its discretionary power under Workers’ Compensation Law § 118, as the tax returns are relevant to the issue of lost earnings raised by the claimant. The court affirmed the Board's decision, finding no abuse of discretion.

Work-Related InjuryBack InjuryTax ReturnsSubpoena Duces TecumLost EarningsDiscretionary PowerAppellate ReviewWorkers' Compensation Board DecisionEvidence DisclosureCase Closure
References
0
Case No. MISSING
Regular Panel Decision

Cohen v. Chu

This CPLR article 78 proceeding involved a petitioner, an insurance agent, challenging a determination by the State Tax Commission that he was liable for unincorporated business taxes for 1979 and 1980. The central issue was whether the petitioner functioned as an employee or an independent contractor for Provident Mutual Life Insurance Company. The court considered various factors, including the contract, company-provided resources, benefits, and the petitioner's ability to broker insurance with other companies. The decision emphasized the petitioner's ability to earn a significant portion of his income from other companies as substantial evidence supporting the determination that he was an independent contractor. Consequently, the court confirmed the determination of the State Tax Commission and dismissed the petition.

Independent ContractorTax AssessmentUnincorporated Business TaxInsurance AgentEmployer-Employee RelationshipState Tax CommissionJudicial ReviewSubstantial EvidenceProvident Mutual Life Insurance CompanyTax Law
References
6
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