(b) Modifications. Sections six hundred eighty-one through six hundred
eighty-eight and six hundred ninety-one through six hundred ninety-seven
shall be read as modified by this subsection.
(1) The phrase "income tax" shall be read as "estate tax".
(2) The phrases "income" and "taxable income" shall be read as
"federal taxable estate".
(3) The phrase "section six hundred fifty-nine" shall be read as
"section nine hundred seventy-nine".
(4) The phrase "federal income tax" shall be read as "federal estate
tax".
(5) The phrase "taxable year" shall be read as "tax under this
article".
(6) Subsection (d) of section six hundred eighty-three shall be read
as follows: The tax may be assessed at any time within six years after
the return was filed if an estate omits from its federal gross estate,
federal taxable estate or New York gross estate an amount properly
includible therein which is in excess of twenty-five percent of the
amount stated in the return of the federal gross estate, federal taxable
estate or New York gross estate.
(7) References to sections six hundred eighty-nine or six hundred
ninety of this chapter shall be deemed references to section nine
hundred ninety-eight; references to the hearing process shall be deemed
references to the procedures under section nine hundred ninety-eight;
references to the division of tax appeals or the tax appeals tribunal in
relation to the administration of the hearing process shall be deemed
references to the surrogate's court; and references to filing a petition
shall be deemed references to commencing a special proceeding under
section nine hundred ninety-eight.
(8) In subsection (e) of section six hundred eighty-three of this
chapter, the following sentence is added: "The running of the period of
limitation for the collection of any tax imposed by this article shall
be suspended for the period of any extension of time for payment granted
under the provisions of subsection (a) of section nine hundred
seventy-six and section nine hundred ninety-seven of this article."
(9) In subsection (a) of section six hundred eighty-four of this
chapter, the phrase "to the date paid" shall be read as "to the date
paid, except as otherwise provided in subsection (j) of section nine
hundred ninety-seven of this article".
(10) In subsection (k) of section six hundred eighty-five of this
chapter, the reference to "subsection (b) of section six hundred
fifty-eight" shall be read as "subsection (c) of section nine hundred
seventy-seven of this article."
(11) In subsection (a) of section six hundred eighty-six of this
chapter, the phrase "person who made the overpayment" shall mean
"estate, persons interested in the estate or other person making the
overpayment".
(12) In subsections (f) and (i) of section six hundred eighty-seven of
this chapter, the phrases "for taxable year" and "for such year" shall
be read as "in respect of the tax imposed by this article" and, in
subsection (i) thereof, the phrase "the fifteenth day of the fourth
month following the close of his taxable year" shall be read as "such
last day, determined without regard to any extension of time granted".
(13) In subsection (b) of section six hundred ninety-one of this
chapter, the term "address given in the last return filed by him" shall
be read as "address given in the notice of qualification filed by the
executor under subsection (d) of section nine hundred seventy-seven of
this article".
(14) In section six hundred ninety-two of this chapter, the term
"person" shall be read as "estate or any other person."
(15) In section six hundred ninety-three of this chapter, the term
"transferee" shall include
(A) any donee, heir, testamentary beneficiary or distributee, and
(B) any other person who under section nine hundred seventy-five of
this article is personally liable for any part of the tax imposed by
this article, and
(C) an executor to the extent of his personal liability under section
nine hundred seventy-five of this article for the tax imposed by this
article;
and in subsection (d) of such section, the reference to subsection (e)
of section six hundred ninety-seven of this chapter shall mean section
nine hundred ninety-four of this article.
Structure New York Laws