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GILLETTE CO. v. TAX COMM.

56 A.D.2d 475 (1977)

In the Matter of Gillette Company, Petitioner, v. State Tax Commission et al., Respondents

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

March 31, 1977

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood (Francis A. Goodhue, Jr., of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Ruth Kessler Toch of counsel), for respondents.

KOREMAN, P. J., SWEENEY, KANE and MAIN, JJ., concur.

MAHONEY, J.

The respondent commission has assessed corporate franchise taxes (Tax Law, art 9-A) for the years 1969 through 1972 against the petitioner totaling $547,232 plus interest. A license fee (Tax Law, § 191) for 1972 of $900 and interest has also been assessed. The franchise tax for each year was determined by taking a flat percentage of petitioner's income allocable to New York sales (Tax Law, &...

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