MoFo New York Tax Insights - Volume 3, Issue 12 - December 2012

In This Issue:

Court Holds Television Programming Is Included in the Property Factor Regardless of Delivery Method; ALJ Upholds Retroactive Application of Stock Option Regulations; Petition Found Untimely Under Special Rule for Fraud Claims; Hotel Is a Co-Vendor of Audiovisual Services Sold to Guests by a Third Party; Earned Income Tax Credit Denied Due to Lack of Proof; Only First Two Years of Tuition Expenses for Pharmacy Program Are Qualified Tuition Expenses; Insights in Brief.

Excerpt from Court Holds Television Programming Is Included in the Property Factor Regardless of Delivery Method -

The Third Department has held that television programming delivered via satellite was included in the property factor, rejecting the decision of the Tax Appeals Tribunal, which had held that the programming was excluded as intangible property, and the position of the Department of Taxation and Finance, which had excluded the programming from the factor because it was delivered via satellite rather than on videotape. Matter of Meredith Corporation v. Tax Appeals Trib., NY Slip Op. 7909 (3d Dep’t, Nov. 21, 2012).

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