New York Consolidated Laws

N.Y. General Obligations Law § 5-1502M (2026)

Construction--tax matters

✓ text as retrieved May 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar
§ 5-1502M. Construction--tax matters. In a statutory short form power
of attorney, the language conferring general authority with respect to
"tax matters", must be construed to mean that the principal authorizes
the agent:
  1. To prepare, sign, and file federal, state, local, and foreign
income, gift, payroll, federal insurance contributions act returns, and
other tax returns, claims for refunds, requests for extension of time,
petitions regarding tax matters, and any other tax-related documents,
including receipts, offers, waivers, consents (including consents and
agreements under United States Internal Revenue Code Section 2032A or
cognate provisions of any successor statute), closing agreements, and
any power of attorney required by the federal internal revenue service
or other taxing authority with respect to a tax year upon which the
statute of limitations has not run and with respect to the tax year in
which the power of attorney was executed and with respect to any
subsequent tax year;
  2. To pay taxes due, collect refunds, post bonds, receive confidential
information, and contest deficiencies determined by the United States
Internal Revenue Service or other taxing authority;
  3. To exercise any election available to the principal under federal,
state, local, or foreign tax law; and
  4. To represent the principal, or to designate another person to
represent the principal, in all tax matters for all tax periods before
the United States Internal Revenue Service and any other taxing
authority.
  The powers explicitly authorized in the provisions of this section
shall not be construed to diminish any like powers authorized in any
other section of this title, such as, but not limited to, those
authorized in subdivision 9 of section 5-1502I of this title.
Accordingly, such powers as are authorized in any other section of this
title shall be construed as if the provisions of this section do not
exist.
Notes of Decisions
Cited in 3 cases, 2004–2006 · leading case: In re the Est. of Ferrara, 852 N.E.2d 138 (N.Y. 2006).
In re the Est. of Ferrara, 852 N.E.2d 138 (N.Y. 2006). “only for purposes which the agent reasonably deems to be in the best interest of the principal, specifically including minimization of income, estate, inheritance, generation-skipping transfer or gift taxes” (General Obligations Law § 5-1502M [1] [emphasis added]).”
Salvation Army v. Ferrara, 3 Misc. 3d 944 (N.Y. Sur. Ct. 2004). “*947 The court notes that in a statutory short form power of attorney, the language conferring general authority to make gifts to certain persons, including the agent, in a sum not to exceed $10,000 per year, shall be made “only for purposes which the agent reasonably deems to…”
In re the Est. of Maikowski, 7 Misc. 3d 889 (N.Y. Sur. Ct. 2004). · cites it 2× “Gifts under the power of attorney must be those which the agent “reasonably deems to be in the best interest of the principal” (General Obligations Law § 5-1502M [1]). If the agent has made a large gift to him or herself or a close family member without explicit authority to do…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.