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BENNETT BROS. v. TAX COMM.

62 A.D.2d 614 (1978)

In the Matter of Bennett Brothers, Inc., Petitioner, v. State Tax Commission, Respondent

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

June 8, 1978

Attorney(s) appearing for the Case

Migdal, Tenney, Glass & Pollack (Lawrence W. Pollack of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Nigel G. Wright and Ruth Kessler Toch of counsel), for respondent.

KANE, STALEY, JR., LARKIN and HERLIHY, JJ., concur.

SWEENEY, J. P.

Petitioner is a New York corporation engaged in the sale of general merchandise by hard cover mail order catalog throughout the eastern half of the United States, including New York. It maintains distribution, showroom and office facilities in New York City. A separate and distinct Illinois corporation maintains similar facilities in Chicago. Both corporations shared and divided the cost of the...

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