About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1992-2a N.Y. Tax Cas. T-1173 (1992)

handle is hein.nytax/nytcas0015 and id is 1 raw text is: 1992 New York Tax Cases T- 1173 STATE OF NEW YORK TAX APPEALS TRIBUNAL In the Matter of the Petition of BT CAPITAL CORP. DECISION DTA Nos. 807195 for Redetermination of Deficiencies or for and 807686 Refund of Corporation Franchise Tax under Article 9-A of the Tax Law for the Years 1984 through 1987. The Division of Taxation filed an exception to the determination of the Administrative Law Judge issued on October 10, 1991 with respect to the petition of BT Capital Corp., 280 Park Avenue, New York, New York 10015 for redetermination of deficiencies or for refund of corporation franchise tax under Article 9-A of the Tax Law for the years 1984 through 1987. Petitioner appeared by Chadbourne and Parke, Esqs. (Richard M. Leder, Charles K. O'Neill and Lauren D. Kelly, Esqs., of counsel). The Division of Taxation appeared by William F. Collins, Esq. (James Della Porta, Esq., of counsel). The Division of Taxation filed a brief in support of its exception. Petitioner filed a brief in reply. Oral argument, at the request of the Division of Taxation, was heard on March 12, 1992. After reviewing the entire record in this matter, the Tax Appeals Tribunal renders the following decision. Whether a hydroelectric facility qualifies for the investment tax credit under Article 9-A, section 210.12(b) of the Tax Law as property principally used in the production of goods by manufacturing and processing. Findings of Fact We find the facts as determined by the Administrative Law Judge. These facts are set forth below. Petitioner, BT Capital Corp., is a Delaware corporation. During the years at issue, petitioner was a limited partner in Black River Hydro Associates, a New York limited partnership (the Partnership), which had constructed three separate hydroelectric facilities all located in Lewis County, New York (the Facilities). The Partnership operated the Facilities during the years at issue.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most