MTR. OF CLAIRMONT MILLS v. TAX COMM.


11 A.D.2d 368 (1960)

In the Matter of Clairmont Mills, Inc., Petitioner, v. New York State Tax Commission, Respondent

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

November 4, 1960.


Attorney(s) appearing for the Case

Willkie Farr Gallagher Walton & Fitzgibbon (Robert B. Hodes and Thomas N. Tarleau of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager and Paxton Blair of counsel), for respondent.

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.


GIBSON, J.

In this proceeding under article 78 of the Civil Practice Act, we review a determination of the State Tax Commission which sustained franchise tax assessments imposed under article 9-A of the Tax Law for the years 1952 and 1953. The commission has found that petitioner, a New York corporation, did not maintain an office outside New York and that its only operating assets consisted of textile mill machinery...

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