2012 New York Consolidated Laws
TAX - Tax
Article 26 - ESTATE TAX
Part 1 - (951 - 961) COMPUTATION OF TAX
961 - Effect of federal determination.

 
    § 961. Effect of federal determination. (a) General.-- A final federal
  determination as to
    (1)  the inclusion in the federal gross estate of any item of property
  or interest in property,
    (2) the allowance of any item claimed as a deduction from the  federal
  gross estate, or
    (3)  the  value  or  amount of any such item, shall also determine the
  same issue for purposes of the tax under this article unless such  final
  federal  determination is shown by a preponderance of the evidence to be
  erroneous.
    (b) Definition.-- For the purpose of  this  section  a  final  federal
  determination means:
    (1)  A  decision by the tax court or a judgment, decree or other order
  by any court of competent jurisdiction which has become final.
    (2) A final disposition by  the  secretary  of  the  treasury  or  his
  delegate of a claim for refund. Such disposition shall be deemed to have
  occurred--
    (A)  as  to  items  of  the claim which are allowed, upon allowance of
  refund or upon disallowance of the claim by reason of offsetting  items;
  and
    (B)  as  to  items  of  the claim which are disallowed, or as to items
  applied by the secretary of the treasury or his delegate  as  an  offset
  against  the claim, (i) upon expiration of the time for instituting suit
  for refund with respect to such items, unless suit is instituted  before
  the  expiration  of such time, or (ii) upon filing with the surrogate or
  appraiser a written statement, in such form as may be  required  by  the
  tax commission, that suit for refund will not be instituted.
    (3)  A closing agreement made under section seven thousand one hundred
  twenty-one of the internal revenue code.
    (4) An assessment pursuant to a waiver of restrictions on  assessment,
  or  a notification in writing issued by the secretary of the treasury or
  his delegate that the federal estate tax return  has  been  accepted  as
  filed  where  such notification is issued after an audit of such return,
  unless the executor shall have filed with the commissioner  of  taxation
  and  finance a written statement, in such form as may be required by the
  commissioner, that a claim for refund of federal estate taxes  has  been
  or will be filed.
    (c)   Items   determined.--   If   there  has  been  a  final  federal
  determination with respect to a decedent's federal estate tax, any  item
  entering  into  the computation of such tax shall be deemed to have been
  the  subject  of  the  final  federal  determination,  whether  or   not
  specifically adjusted thereby.