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CHARTAIR, INC. v. TAX COMM.

65 A.D.2d 44 (1978)

In the Matter of Chartair, Inc., Petitioner, v. State Tax Commission, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 30, 1978

Attorney(s) appearing for the Case

Michael J. Pichel (Connie Fern Miller of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Francis W. Dow and Ruth Kessler Toch of counsel), for respondent.

MAHONEY, P. J., GREENBLOTT, STALEY, JR., and MAIN, JJ., concur.

KANE, J.

Petitioner operates a fixed base air service and flight school at the Tompkins County Airport. Its services include the sale of airplanes, aviation gasoline and supplies, and an air taxi service. In the fall of 1969, respondent audited petitioner's operation for sales taxes remitted for the period August 1, 1965 through February 28, 1969. The audit resulted in a tax

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