No. 18-367

Mary E. Jacobi v. New York Tax Appeals Tribunal, et al.

Lower Court: New York
Docketed: 2018-09-20
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment driver's-license due-process financial-hardship property-interest tax-collection tax-law
Key Terms:
ERISA SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Whether New York Tax Law Section 171-v is unconstitutional by failing to provide meaningful due process and/or a financial hardship provision before suspending a taxpayer's driver's license for non-payment of state income tax

Question Presented (OCR Extract)

QUESTIONS PRESENTED The court below properly determined that Petitioner holds a substantial property interest in her driver license sufficient to warrant protection under the Fourteenth Amendment of the United States Constitution. The questions presented in this Petition are as follow: I. Whether New York Tax Law Section 171-v is, on its face, constitutionally deficient by failing to provide meaningful due process of law and/or a financial hardship provision before taking a taxpayer’s substantial property interest in their driver’s license for the nonpayment of state income tax when the taxpayer does not have the financial ability to enter into a payment arrangement acceptable to the Commissioner? II. Whether New York State’s implementation of New York Tax Law Section 171-v violates the 14th Amendment to the United States Constitution by failing to provide meaningful due process of law and/or a financial hardship provision before taking a _ taxpayer’s substantial property interest in their driver’s license for the non-payment of state income tax when the taxpayer does not have the financial ability to enter into a payment arrangement acceptable to the Commissioner? 1 III. Whether New York State can take a citizen’s substantial property interest in a driver’s license for conduct that is wholly unrelated to the appropriate administration and enforcement of driving privileges in the State. ll

Docket Entries

2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-18
Waiver of right of respondent New York State Commissioner of Taxation and Finance to respond filed.
2018-08-01
Petition for a writ of certiorari filed. (Response due October 22, 2018)

Attorneys

Mary Jacobi
Anthony M. BruceAndreozzi Bluestein LLP, Petitioner
Anthony M. BruceAndreozzi Bluestein LLP, Petitioner
New York State Commissioner of Taxation and Finance
Robert M. GoldfarbNew York State Attorney General's Office, Respondent
Robert M. GoldfarbNew York State Attorney General's Office, Respondent