Form Tc140 - Certificate Of Litigation Status - Nyc Tax Commission - 2004

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THE TAX COMMISSION OF THE CITY OF NEW YORK
1 Centre Street, Room 936, New York, NY 10007
TC140
2004
CERTIFICATE OF LITIGATION STATUS
INSTRUCTIONS: Applicants are expected to know the status of their litigation challenging assessments of their property and to notify
the Tax Commission when the Tax Commission’s record of litigation status is incorrect. Review the Tax Commission list of open
proceedings Form TC40. Check the categories below that apply, list the assessment years involved and provide the information or
documents requested. For parcels whose litigation status on Form TC40 this year is certified as correct and complete on Form TC135
(Notice of Appearance), do not submit this form. Do not submit this form if there are no open proceedings pending for any prior years.
Otherwise, this form must be submitted for an applicant to receive a personal hearing at the Tax Commission. Submit the form to the
person conducting your hearing. If a personal hearing is not requested, you may file it with your application. No copies are required.
An error on this form or non-filing can result in an error in the proceedings to be discontinued in a Tax Commission offer of correction
(Form TC70). A request for re-offer will not be entertained for the purpose of correcting the result of an error in or non-filing of this form.
HEARING INFORMATION
BOROUGH (Bronx, Brooklyn, Manhattan, Queens or Staten Island)
BLOCK
LOT
CALENDAR PAGE
GROUP #
YEARS COVERED BY PROPOSED SETTLEMENT: __________________________________________________________
1.
List years covered by a proposed pre-trial settlement or other court order that has not yet been filed in court. You must attach a copy
of the proposed offer and order to allow judgment, in proper form and signed by petitioner's attorney of record.
YEARS COVERED BY CONTINUING SETTLEMENT NEGOTIATION OR TRIAL : ___________________________________
2.
List the years of pending proceedings by the applicant or a related party where the Law Department has scheduled or held a
settlement conference or made an offer of settlement, the matter is on the trial calendar, or a motion for summary judgment, CPLR
article 78 proceeding or appeal to the Appellate Division is pending. Describe the status of the litigation, the terms of any offer of
settlement, and the name of the Assistant Corporation Counsel assigned to the matter: ____________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
YEARS IN WHICH APPLICANT HAS NO INTEREST OR CONTROL : _____________________________________________
3.
List the years of proceedings maintained by former owners and other proceedings for which the Tax Commission Acceptance
Agreement (Form TC70) would not require discontinuance. Do not list proceedings where discontinuance would be required; these
include all proceedings commenced or maintained by or on behalf of: the applicant; related persons; current owners (if the applicant no
longer is the owner); lessees, mortgagees, receivers or other persons who have a continuing interest in the property and its
assessment in the current year; and all multiple proceedings for any year for which one proceeding must be discontinued.
Describe the sale, lease termination or other transaction terminating the petitioner’s interest.
Date of transaction: ____________________
Was the applicant or a related person a party to the transaction? ___________
Nature of transaction: _________________________________________________________________________________________
Was the transaction described in the application for correction filed in a prior year? _________________________________________
YEARS LISTED ON TC40 AS OPEN SHOULD BE CLOSED: ____________________________________________________
4.
List years for which no proceeding was ever commenced and years for which proceedings are abandoned or were discontinued or
otherwise resolved by stipulation or a final court order. Attach a copy of the stipulation or final order. List years that must be closed
pursuant to a Tax Commission offer of correction (Form TC70). Attach your stipulation of discontinuance and three copies
OPEN YEARS: _______________________________________________________________________________________
5.
If you did not receive Form TC40 in 2004, list all open proceedings with index number and year.
If you received Form TC40 and a
proceeding for any year is not listed as open, but should be, attach a copy of the petition with proof of timely commencement and
service on the Tax Commission. Reminder: Inactive proceedings are deemed abandoned under RPTL §718 after four years. To show
that a proceeding commenced before 2000 not listed on TC40 should be open, attach proof of viability.
CERTIFICATION BY APPLICANT OR REPRESENTATIVE. The statements in this form are true to the best of my information and
belief. If signed by a representative other than an attorney, litigation status is certified based on information from the attorney(s) of
record or applicant.
NAME OF SIGNER (print) ____________________________________________________________________________________
RELATION TO APPLICANT __________________________________________________________________________________
DATE
SIGNATURE ________________________________________________________________
_______/_______/_______

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