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MATTER OF U. S. STEEL CORP. v. GEROSA

7 N.Y.2d 454 (1960)

In the Matter of United States Steel Corporation, Appellant, v. Lawrence E. Gerosa, as Comptroller of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1960.

Attorney(s) appearing for the Case

A. Chauncey Newlin, Francis L. Casey, William L. Hearne and Arthur E. Hauser for appellant.

Charles H. Tenney, Corporation Counsel (Solomon Portnow and Stanley Buchsbaum of counsel), for respondent.

Judges FULD, FROESSEL, VAN VOORHIS and FOSTER concur with Judge DYE; Chief Judge DESMOND dissents in an opinion in which Judge BURKE concurs.

DYE, J.

On this appeal from an order unanimously confirming a partial final determination by which respondent imposed upon United States Steel Corporation an assessment for a business tax deficiency for the years 1948, 1949 and 1950, in the principal amount of $176,767.28 plus penalties and interest totaling $144,388.62, the narrow question for decision is whether the prevailing "financial business" rate was the...

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