BRADFORD & CO v. TAX COMM.


62 A.D.2d 69 (1978)

In the Matter of J. C. Bradford & Co. et al., Petitioners, v. State Tax Commission, Respondent

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

April 13, 1978


Attorney(s) appearing for the Case

Everett, Johnson & Breckinridge (Eugene Chester and Peter K. Lathrop of counsel), for petitioners.

Louis J. Lefkowitz, Attorney-General (Francis V. Dow and Ruth Kessler Toch of counsel), for respondent.

SWEENEY, J. P., KANE, STALEY, JR., and MIKOLL, JJ., concur.


LARKIN, J.

Article 9-A of the Tax Law imposes an annual franchise tax upon domestic and foreign corporations for the taxpayer's fiscal or calendar year, or any part thereof, measured by the taxpayer's entire net income or capital or by one of the other bases prescribed in the statute. The tax is not a direct tax on income, but a tax for the privilege of doing business in New York. Parallel to this, article 23...

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