The Appellate Division, First Department, unanimously affirmed a decision of the New York City Tax Appeals Tribunal that payments made to a pension plan for the benefit of retired partners in an unincorporated business are nondeductible payments to partners under Section 11-507(3) of the Administrative Code. In re Murphy & O’Connell, No. 7128, 2012 NY Slip Op. 2046 (1st Dep’t., Mar. 20, 2012). The Appellate Division’s decision also noted that the Tribunal had correctly determined that the Department of Finance was not required to promulgate a rule before applying the statute to the specific facts of the case.