Request For Conciliation Conference - New York City Department Of Finance - 2017 - Draft Page 2

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NOTICE OF TAXPAYER RIGHTS
Notification of Your Right to Protest an Action Taken by the New York City Department of Finance
If you disagree with an action taken by the Department of
Small Claims Hearing
Finance (the issuance of a Notice of Determination pro-
You may elect to have your hearing held in the Small
posing a tax deficiency or a Notice of Disallowance deny-
Claims Unit of the Tax Appeals Tribunal if the amount in
ing a refund claim), you may contest this action by filing
dispute is $10,000 or less, exclusive of penalties and in-
EITHER a Request for a Conciliation Conference with the
terest. A small claims hearing is conducted informally by
Department of Finance OR a Petition for Hearing with the
an impartial Presiding Officer of the Tribunal who will
Tax Appeals Tribunal. FAILURE TO TIMELY FILE
issue a conclusive determination which is not subject to re-
YOUR REQUEST OR PETITION WILL RESULT IN
view by the Tribunal Commissioners or by any court.
THE STATUTORY NOTICE BECOMING FINAL AND,
If you want a hearing before the Tribunal you must, within
WHERE APPLICABLE, SUBJECT TO COLLECTION.
the applicable time period, BOTH: (1) file a written Peti-
tion for Hearing with the:
CONCILIATION CONFERENCE
New York City Tax Appeals Tribunal
A Conciliation Conference is a rapid and inexpensive way
Administrative Law Judge Division
to resolve protests without a formal hearing. The confer-
1 Centre Street, Suite 2430
ence is conducted informally by a conciliation conferee
New York, NY 10007
who will review all of the evidence presented to determine
a fair result. After the conference, the conferee will issue
AND (2) serve a copy of the Petition for Hearing on the
a proposed resolution of the case. If you do not agree with
Commissioner of Finance (as provided on the Petition for
the proposed resolution, the conciliation proceeding will
Hearing). A Petition for Hearing form (TAXAPPET) and
be discontinued and you will have 90 days to file a Petition
the Tribunal’s Rules of Practice and Procedure can be
for Hearing with the Tax Appeals Tribunal. The operation
downloaded from the following website:
of the Conciliation Bureau is governed by Title 19, Ch. 38
gov/html/tat/html/home/home shtml
of the Rules of the City of New York.
or can be requested by writing to the New York City Tax
If you wish to request a Conciliation Conference, complete
Appeals Tribunal or by calling 212-669-4501.
this form in duplicate, including all supporting documen-
tation, and return it to the address indicated on the reverse
POWER OF ATTORNEY
side of this form within the time period stated on the statu-
tory notice issued to you by the Department of Finance. IF
A duly executed Power of Attorney must accompany the
YOU HAVE ALREADY FILED A PETITION FOR
filing of a Request for a Conciliation Conference or a Pe-
HEARING WITH THE NEW YORK CITY TAX AP-
tition for Hearing if the taxpayer is being represented by
PEALS TRIBUNAL, DO NOT FILE THIS REQUEST
and/or the filing is signed by someone other than: (1) a
FORM.
duly authorized officer of a corporate taxpayer, (2) a gen-
eral partner of a taxpayer that is a partnership, or (3) an
TAX APPEALS TRIBUNAL HEARING
adult spouse, registered domestic partner, parent, guardian
or the person who prepared the return in the case of a tax-
Administrative Law Judge Hearing
payer who is a minor or who is physically or mentally in-
A hearing is an adversarial proceeding conducted by an im-
capable of representing himself or herself. A Power of
partial Administrative Law Judge of the Tax Appeals Tri-
Attorney form (POA-1) can be downloaded from the fol-
bunal. After the hearing, the Administrative Law Judge will
lowing website:
issue a written determination which will finally decide the
matter(s) in dispute unless either you or the Commissioner
nyc gov/html/dof/downloads/pdf/poa/poa1 pdf
of Finance timely requests that the Commissioners of the
Tax Appeals Tribunal review the Administrative Law
Judge’s determination. If such a review is requested, the
record of hearing and any additional oral and/or written ar-
guments will be reviewed and considered by the Commis-
sioners of the Tribunal who will issue a decision affirming,
reversing, or modifying the Administrative Law Judge’s de-
termination or referring the matter back for further hearing.

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