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GREAT LAKES DREDGE v. TAX COMM.

46 A.D.2d 533 (1975)

In the Matter of Great Lakes Dredge & Dock Co., Petitioner, v. State Tax Commission, Respondent

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

February 6, 1975.

Attorney(s) appearing for the Case

McHugh, Heckman, Smith & Leonard (James M. Leonard of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Vincent P. Molineaux and Ruth Kessler Toch of counsel), for respondent.

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

KANE, J.

Petitioner, a New Jersey corporation authorized to do business in New York, seeks to annul a determination of the State Tax Commission which, following a hearing, assessed a sales and use tax against it for a taxable period from August 1, 1965 through May 31, 1968. The amount of the tax is not contested. Instead, petitioner claims a total exemption therefrom by reason of paragraph (8) of subdivision...

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