ESQ HQNEW YORK LAW WATCH

Appellate Division, Third Department · February 5, 2026 · 251 AD3d 57

Matter of Gelco Corp. v State of N.Y. Tax Appeals Trib.

Read the official decision: 251 AD3d 57

Holding The court held that under Tax Law § 1111 (i) (B), the taxable base for long-term commercial vehicle leases with terminal rental adjustment clauses (TRAC) is the consideration actually contracted to be given, which includes lease-end adjustments. Consequently, a lessor is entitled to a credit for sales tax paid on provisional rent amounts that are later refunded to the lessee.

The court’s words

The operative statutory phrase here is ‘‘consideration . . . contracted to be given,’’ which plainly defines the taxable base in terms of the parties’ contractual obligations

251 AD3d 57, at the official text

any amount refunded to the lessee was never truly contracted to be paid and therefore exceeds the statutory tax base

251 AD3d 57, at the official text

Tax Law § 1111 (i) (B) therefore must be read to entitle the taxpayer to recover overpaid tax

251 AD3d 57, at the official text
CourtAppellate Division, Third Department
DecidedFebruary 5, 2026
Citation251 AD3d 57
Area of lawTax
WeekWeek ending February 7, 2026
Official textOfficial decision: 251 AD3d 57
Source feedNew York advance sheet: 26nyadv35.pdf
Law Watch record id72
Caption in the source feedGELCO CORP v NY TAX APPEALS

Recommended citation

ESQ HQ, New York Law Watch, Matter of Gelco Corp. v State of N.Y. Tax Appeals Trib., 251 AD3d 57 (Appellate Division, Third Department, February 5, 2026), https://esqhq.com/decisions/251-ad3d-57/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published February 5, 2026. Updated November 14, 2026.