Tuesday, June 7, 2011
David Gray Carlson
(Cardozo) & Carlton M. Smith
(Cardozo) have posted Tax Warrants in New York
on SSRN. Here is the abstract
This article examines tax liens under New York law, to the extent they arise from tax warrants. The article describes the procedures that the Department of Taxation and Finance must follow to obtain a tax lien (at all times comparing state procedure by that applicable to federal tax liens). It describes the extent to which tax warrants are entitled to Full Faith and Credit in other states. It also examines the curious incorporation by reference of the New York law of money judgments (itself hopelessly confusing). The article concludes by examining the New York tax lien in priority contests with other creditors (secured and unsecured).