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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 12, 2015

Judgment Debtor Bound By Information on Original Tax Returns, Not Later-Amended Returns

On August 31, 2015, Justice Singh of the New York County Commercial Division issued a decision in Matter of Northwest 5th & 45th Realty Corp. v. Mitchell, Maxwell & Jackson, Inc., 2015 NY Slip Op. 31660(U), holding that a judgment debtor was bound by the information contained in his federal tax returns as originally filed and could not challenge an attempt to recoup payments made to him by amending his returns, explaining that “[a] party to litigation may not take a position contrary to a position taken in an income tax return.” (Internal quotations omitted).

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