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SANDY HILL CORP. v. TAX COMM.

61 A.D.2d 550 (1978)

In the Matter of Sandy Hill Corporation, Petitioner, v. State Tax Commission of the State of New York, Respondent

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

March 23, 1978

Attorney(s) appearing for the Case

Caffry, Pontiff, Stewart, Rhodes & Judge (J. Lawrence Paltrowitz and Robert S. Stewart of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for respondent.

SWEENEY, STALEY, JR., and MAIN, JJ., concur with GREENBLOTT, J. P.; MIKOLL, J., concurs in part and dissents in part in an opinion.

GREENBLOTT, J. P.

After audit of petitioner's books and records, respondent issued a notice of determination and demand for payment of sales and use tax due in the amount of $34,220.71, plus penalty and interest of $8,779.42, for the tax periods ending May 31, 1970 through February 28, 1973. The notice of determination was based on purchases made by the petitioner on which it had not paid sales or use taxes....

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