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PEOPLE EX REL. SHERATON BLDGS., INC. v. TAX COMM'N OF THE STATE OF NEW YORK

13 N.Y.2d 802 (1963)

The People of the State of New York ex rel. Sheraton Buildings, Inc., Respondent, v. Tax Commission of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert W. Bush of counsel), for appellant.

Monroe Goldwater and Robert Conrad for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Judge DYE dissents in the following opinion:

Order affirmed, with costs.

DYE, J. (dissenting).

I dissent and vote to reverse upon the ground that the State Tax Commission, in calculating relator's corporate franchise tax for the fiscal year ending April 30, 1952, properly included in "entire net income" of the relator the capital gain on the sale of an office building in Boston, Massachusetts.

Under article 9-A of the Tax Law there is provided a statutory formula designed to allocate...

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