MATTER OF MARSHALL v. STATE TAX COMM'N


62 A.D.2d 1124 (1978)

In the Matter of Frederick L. Marshall, Petitioner, v. State Tax Commission, Respondent

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

April 27, 1978


Petitioner had operated a grocery since 1957. He leased the premises occupied by the business, but his lease contained an option to buy the property for $50,000. On December 30, 1969, petitioner exercised his option and purchased the property. On that same date he executed an agreement to sell the property to Mobil Oil Corporation for $118,500, closing to take place July 31, 1970. Petitioner liquidated the business in 1970, prior to the sale. He paid unincorporated business...

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