NY Tax L § 1093 (2021)
2021 New York Laws TAX - Tax Article 27 - Corporate Tax Procedure and Administration 1093 - Transferees.

§  1093.  Transferees.---(a)  General.---The  liability,  at law or in equity, of a transferee of property of a taxpayer for any tax, additions to tax, penalty or interest due the tax commission under this article or under article nine, nine-a, nine-b or nine-c, shall be  assessed,  paid, and  collected in the same manner and subject to the same provisions and limitations as in the case of the tax to which  the  liability  relates, except  that  the  period  of  limitations  for  assessment  against the transferee shall be extended by one year for each  successive  transfer, in order, from the original taxpayer to the transferee involved, but not by  more  than  three  years  in  the  aggregate.    The term transferee includes,  in  case  of  successive  transfers,  donee,  heir,  legatee, devisee,  distributee,  and  successor by merger, consolidation or other reorganization.  (b) Exceptions.---  (1) If  before  the  expiration  of  the  period  of  limitations  for assessment of liability of the transferee, a claim has been filed by the tax  commission  in  any court against the original taxpayer or the last preceding transferee based upon the liability of the original  taxpayer, then  the  period  of  limitation  for  assessment  of  liability of the transferee shall in no event expire prior to one year after  such  claim has been finally allowed, disallowed or otherwise disposed of.  (2) If, before the expiration of the time prescribed in subsection (a) or  the  immediately  preceding  paragraph  of  this  subsection for the assessment of the liability, the tax commission and the transferee  have both  consented  in  writing  to  its  assessment  after  such time, the liability may be assessed at any time prior to  the  expiration  of  the period  agreed  upon.  The  period  so  agreed  upon  may be extended by subsequent agreements in writing  made  before  the  expiration  of  the period previously agreed upon. For the purpose of determining the period of  limitation  on credit or refund to the transferee of overpayments of tax made  by  such  transferee  or  overpayments  of  tax  made  by  the transferor  as  to which the transferee is legally entitled to credit or refund, such agreement and any extension  thereof  shall  be  deemed  an agreement and extension thereof referred to in subsection (b) of section one  thousand  eighty-seven.  If  the  agreement  is  executed after the expiration of the  period  of  limitation  for  assessment  against  the original taxpayer, then in applying the limitations under subsection (b) of  section  one  thousand  eighty-seven  on the amount of the credit or refund, the periods specified in subsection (a) of section one  thousand eighty-seven  shall  be  increased  by  the period from the date of such expiration to the date of the agreement.  (c) Period for assessment against certain transferors.---For  purposes of  this  section,  if any person is deceased, or is a corporation which has terminated its existence, the period of  limitation  for  assessment against  such person or corporation shall be the period that would be in effect had death or termination of existence not occurred.  (d) Evidence.---The tax  commission  shall  use  its  powers  to  make available  to the transferee evidence necessary to enable the transferee to determine the liability of the original taxpayer and of any preceding transferees, but without undue hardship  to  the  original  taxpayer  or preceding  transferee.    See  subsection  (e)  of  section one thousand eighty-nine for rule as to burden of proof.