Section 11-1762. Computation of tax where taxpayer restores substantial amount held under claim of right


Latest version.
  • (a) General. If:    (1) an item was included in city adjusted gross  income  for  a  prior
      taxable  year  (or  years)  because it appeared that the taxpayer had an
      unrestricted right to such item, and
        (2) for the current taxable year the provisions of paragraph  five  of
      subsection  (a)  of  section  thirteen hundred forty-one of the internal
      revenue code apply to such item, then the tax imposed  by  this  chapter
      for the taxable year shall be an amount equal to
        (3)  the  tax  for  the  taxable  year computed without regard to this
      section, minus
        (4) the decrease in tax under this chapter for the prior taxable  year
      (or years) which would result solely from the exclusion of such item (or
      portion  thereof) from city adjusted gross income for such prior taxable
      year (or years).
        (b) Special rules. If the decrease in tax ascertained under  paragraph
      four  of subdivision (a) of this section exceeds the tax imposed by this
      chapter for the taxable year, such excess shall be considered a  payment
      of  tax on the last day prescribed by law for the payment of tax for the
      taxable year, and shall be refunded or credited in the same manner as if
      it were an overpayment for such taxable year.