Estate tax advisory opinions

An Advisory Opinion is issued at the request of a person or entity. It is limited to the facts set forth therein and is binding on the Department only with respect to the person or entity to whom it is issued and only if the person or entity fully and accurately describes all relevant facts. An Advisory Opinion is based on the law, regulations, and Department policies in effect as of the date the Opinion is issued or for the specific time period at issue in the Opinion.

Number

Petitioner

2012

TSB-A-12(1)M

Whether the estate of a surviving spouse may exclude from its gross estate certain real property that was previously treated as qualified terminal interest property

2011

TSB-A-11(1)M

Whether the interest of the decedent, a nonresident, in a revocable trust, which holds an interest in a partnership holding New York real property constitutes an intangible and is thus not to be included in the decedent's New York gross estate for purposes of New York's estate tax

2010

TSB-A-10(5)M

Whether, in determining the value of New York real property included in its gross estate for estate tax purposes, the estate should discount the value of the property to reflect that the decedent's will subjected it to a life estate

TSB-A-10(4)M

Requesting a determination of the value of a contract and mortgage held by decedent on her date of death

TSB-A-10(3)M

Whether the value of New York real property in a Qualified Personal Residence Trust, which was created and funded by a nonresident decedent and which is included in the decedent's estate for federal estate tax purposes because of the decedent's death during the initial term of the trust, is subject to New York estate tax

TSB-A-10(2)M

Whether decedent's personal residence, which decedent had conveyed to certain trusts during her lifetime, was properly included in decedent's gross estate for New York State estate tax purposes

TSB-A-10(1)M

Whether a non-resident decedent's interest in a revocable trust owning interests in several limited liability companies that owned New York real property is subject to New York estate tax

As announced in August 2008, the Department has transferred responsibility for Advisory Opinions from the Taxpayer Guidance Division to the Department's Office of Counsel. Among other changes, the format of the Advisory Opinions issued by the Office of Counsel will appear slightly different than the format used by the Taxpayer Guidance Division. During the transition period, which began in 2008 and is scheduled to be completed in 2009, the Department will issue Advisory Opinions in two formats. Those opinions issued by the Taxpayer Guidance Division will continue in the previous format, while opinions written by Office of Counsel will be issued in the revised format. One of the most noticeable changes in format is that the opinions issued by the Office of Counsel, for petitions received on or after August 8, 2008, will not contain the petitioner’s name, address, or identification numbers when posted on the Department's Web site. Both formats are official Advisory Opinions, and all are binding on the Department with respect to the person or entity to whom they are issued and the facts stated in the Opinion. For more information on the transition and the procedures, see TSB-M-08(10)C, (5)I, (5)M, (3)R, (8)S, Changes in Procedures for Obtaining Guidance from the Tax Department.

2009

TSB-A-09(2)M

The application of the alternate valuation provisions of Internal Revenue Code §2032 to assets held in a brokerage account with transfer on death instructions pursuant to Estates, Powers and Trusts Law Article 13

2008

TSB-A-08(1)M

Nilda S. Martinez-Catinchi

2007

TSB-A-07(1)M

Deborah Rothman as Trustee of the X Trust Agreement

2006

TSB-A-06(6)I, (4)M

Richard I. Furman (on behalf of his wife, Rosemary F. Furman)

2001

TSB-A-01(1)M

Lawrence A. DeAngelus