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MTR. OF FARGNOLI v. MURPHY

55 Misc.2d 545 (1967)

In the Matter of Louis Fargnoli et al., Doing Business as Fargnoli Brothers, et al., Petitioners, v. Joseph H. Murphy et al., Constituting the State Tax Commission, Respondents.

Supreme Court, Special Term, Albany County.

September 5, 1967

Attorney(s) appearing for the Case

Shamulka & Shamulka for petitioners. Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager of counsel), for respondents.

RUSSELL G. HUNT, J.

The petitioners seek to set aside assessments of income taxes for 1958, 1959 and 1960 upon the ground that the Statute of Limitations (Tax Law, § 373, subd. 4) had run. It appears that after an audit by the Federal Internal Revenue Bureau the latter made assessments for additional Federal income taxes due for the years stated above. The petitioners thereafter and on June 24, 1964, gave...

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