MATTER OF MARKOWITZ v. STATE TAX COMM'N


54 A.D.2d 1023 (1976)

In the Matter of David Markowitz, Doing Business as Clover Leaf Restaurant, Petitioner, v. State Tax Commission, Respondent

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

November 10, 1976


Respondent audited the diner-restaurant of the petitioner to determine the sales tax, if any, that was due and owing during the period in question. Ordinarily an audit of this type is done by examining guest checks given individual customers and the cash register tapes of the days and times in question. The guest checks were not available to the auditor. The auditor selected a cash register tape for one day, September 28, 1970, which contained columns for taxable sales, nontaxable...

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