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IN THE MATTER OF PROSKAUER ROSE, LLP v. TAX APPEALS TRIBUNAL OF THE CITY OF NEW YORK

57 A.D.3d 287 (2008)

868 N.Y.S.2d 206

In the Matter of PROSKAUER ROSE, LLP, Petitioner, v. TAX APPEALS TRIBUNAL OF THE CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2008.

Petitioner law firm did not sustain its burden of establishing its entitlement to the specific deductions it claims (see Administrative Code of City of NY § 11-529 [e]; Matter of Colt Indus. v New York City Dept. of Fin., 66 N.Y.2d 466, 471 [1985]). The payments to retired partners under the optional service plan cannot be for goodwill, because section 13 of the partnership agreement expressly prohibits payments for goodwill...

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