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MATTER OF MARX v. BRAGALINI

6 A.D.2d 393 (1958)

In the Matter of Leonard Marx, Petitioner, v. George M. Bragalini et al., Constituting The Tax Commission of the State of New York, Respondents

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

October 3, 1958.

Attorney(s) appearing for the Case

Harry Janin and Joseph H. Crown for petitioner.

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Paxton Blair of counsel), for respondents.

William C. Warren, amicus curiæ.

GIBSON and REYNOLDS, JJ., concur with BERGAN, J. P.; HERLIHY, J., dissents and votes to annul the determination.

BERGAN, J. P.

This proceeding against the State Tax Commission involves the petitioner's individual State income tax for 1950. Petitioner is an officer and owner of the controlling stock of a New York corporation. The corporation held certain real estate on which there was a Federal Housing Administration mortgage; by reason of appreciation in the value of the real estate the corporation was able to obtain a larger...

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