2012 New York Consolidated Laws
TAX - Tax
Article 26 - ESTATE TAX
Part 2 - (971 - 980) RETURNS AND PAYMENT OF TAX
978 - Compromise agreements in cases of disputed domicile.

 
    §  978.  Compromise  agreements  in  cases of disputed domicile.   (a)
  Determining tax under this article. Where the commissioner  of  taxation
  and  finance  claims  that a decedent was domiciled in this state at the
  time of his death and the taxing authorities of another state or  states
  make  a  similar  claim  with  respect  to  their  state  or states, the
  commissioner of taxation and finance may enter into a written  agreement
  with  such  taxing  officials  and  with the executor that a certain sum
  shall be accepted in full payment of the tax imposed  by  this  article,
  provided  that  said  agreement also fixes the amount to be paid to such
  other state or states in full payment of the death taxes  thereof.  Full
  power  and authority is hereby conferred upon the executor to enter into
  the agreement provided for herein. The execution of such agreement shall
  finally and conclusively fix and determine the amount of tax imposed  by
  this  article,  except  as  otherwise  provided  in  such agreement with
  respect to the valuation of estates devoted to farming or  closely  held
  business  and  except  as  provided  in  subsection (b) of this section,
  without regard to any other provision of the laws of this state.
    (b) Payment of agreed tax. The executor shall pay to the  commissioner
  of  taxation  and  finance  the  amount  of  tax  fixed in the agreement
  described in subsection (a) of this section. In the event the  aggregate
  amount  payable under such agreement to the states involved is less than
  the maximum credit allowable to the estate  against  the  United  States
  estate  tax  imposed  with respect thereto, the executor forthwith shall
  also pay to the commissioner of taxation and  finance  so  much  of  the
  difference  between such aggregate amount and the amount of such credit,
  as the amount payable to the commissioner under the agreement  bears  to
  such aggregate amount.
    (c)  Definition.  As  used  in this section the word "state" means any
  state, territory, or possession of the United States,  the  District  of
  Columbia and the Dominion of Canada or any province thereof.