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MTR. OF LEVIN v. GALLMAN

49 A.D.2d 434 (1975)

In the Matter of Thomas Levin, Petitioner, v. Norman F. Gallman et al., Constituting The State Tax Commission, Respondents

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

November 20, 1975

Attorney(s) appearing for the Case

John J. Mullally for petitioner.

Louis J. Lefkowitz, Attorney-General (John Forner and Ruth Kessler Toch of counsel), for respondents.

GREENBLOTT, J. P., KOREMAN, MAIN and REYNOLDS, JJ., concur.

SWEENEY, J.

Petitioner was president of Allcrete Corporation (hereinafter Allcrete), a domestic corporation engaged in the business of construction and installation of concrete foundations, paving site work, and similar construction activities. On January 31, 1966 petitioner filed a semiannual report showing employee income taxes withheld in the amount of $3,986.10. No check for that amount was remitted. Subsequently...

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