Section 11-1616. Return to be secret  


Latest version.
  • a. Except in accordance with proper
      judicial order, or as otherwise provided by law, it  shall  be  unlawful
      for  the  commissioner  of  finance,  any  officer  or  employee  of the
      department of finance, any person engaged or retained on an  independent
      contract  basis or any person who, pursuant to this section is permitted
      to inspect any return or to whom a copy, an abstract or a portion of any
      return is furnished, or to whom any information contained in any  return
      is  furnished,  to  divulge  or make known in any manner any information
      contained in or relating to any return required under this chapter.  The
      officers  charged with the custody of such returns shall not be required
      to produce any of them or evidence of anything contained in them in  any
      action  or proceeding in any court, except on behalf of the commissioner
      of finance in an action or  proceeding  under  the  provisions  of  this
      chapter, or on behalf of any party to any action or proceeding under the
      provisions  of this chapter, when the returns or facts shown thereby are
      directly involved in such action  or  proceeding,  in  either  of  which
      events  the  court  may  require  the  production  of,  and may admit in
      evidence, so much of said returns or of the facts shown thereby, as  are
      pertinent  to the action or proceeding and no more. Nothing herein shall
      be construed to prohibit the delivery to a taxpayer or  such  taxpayer's
      duly  authorized  representative of a certified copy of any return filed
      in connection with such taxpayer's tax; nor to prohibit the delivery  of
      such  a certified copy of such return or of any information contained in
      or relating thereto, the United States  of  America  or  any  department
      thereof,  to  the state of New York or any department thereof, or to any
      agency or department of the city of  New  York,  provided  the  same  is
      requested  for  official  business;  nor  to prohibit the inspection for
      official business of such returns by the corporation  counsel  or  other
      legal  representatives  of  the  city or by the district attorney of any
      county within the city; nor to prohibit the publication of statistics so
      classified as to prevent the identification of  particular  returns  and
      the  items  thereof.  Returns  shall  be  preserved  for three years and
      thereafter  until  the  commissioner  of  finance  permits  them  to  be
      destroyed.
        b.  Any violation of subdivision a of this section shall be punishable
      by a fine not exceeding one thousand dollars,  or  by  imprisonment  not
      exceeding  one year, or both, in the discretion of the court, and if the
      offender be an officer or employee of  the  city  he  or  she  shall  be
      dismissed  from office and be incapable of holding any public office for
      a period of five years thereafter.