N.Y. Tax Law § 277 — Penalties; how recovered

§ 277. Penalties; how recovered. Any person, firm, company,\nassociation or corporation, or business conducted by a trustee or\ntrustees that shall violate any of the provisions of section two hundred\nseventy, section two hundred seventy-a or section two hundred\nseventy-two of this chapter shall, in addition to the other penalties\nprovided for in this article, be subject to a penalty of one dollar for\neach and every share of stock or of other interest taxable under this\narticle so sold or transferred, or transferred or entered upon the books\nof the corporation or trustees, as the case may be, without the payment\nof the tax by this article imposed thereon. Such penalty may be\ncompromised by the tax commission. Any person who shall violate any of\nthe other provisions of this article shall, in addition to the other\npenalties provided for in this article, be subject to a penalty of five\nhundred dollars for each and every such violation.\n The attorney-general at the instance of the tax commission shall bring\nan action in its name as such tax commission in any court of competent\njurisdiction for the recovery of any penalty imposed by this section.\nAll moneys collected as penalties shall be paid into the stock transfer\ntax fund. In an action against a corporation or trustees, or its or\ntheir transfer agent to recover a penalty because of the transfer of a\ncertificate, upon the books or records of the corporation or trustees\nwithout requiring the payment of the tax by this article imposed, the\nfailure of the corporation or trustees or its or their transfer agent,\non the demand of the tax commission or its duly authorized\nrepresentative, to produce the surrendered certificate or memoranda of\nsale with the required stamps and any declaration prescribed by\nparagraph (c) of subdivision one of section two hundred seventy-a of\nthis chapter, if required, attached, shall constitute prima facie proof\nof the nonpayment of the taxes imposed by section two hundred seventy\nand section two hundred seventy-a of this chapter.\n