MATTER OF SOUTHERN TIER IRON WORKS, DIV. OF CIVES CORP. v. TULLY


66 A.D.2d 921 (1978)

In the Matter of Southern Tier Iron Works, Division of Cives Corporation, Petitioner, v. James H. Tully, Jr., et al., Constituting The State Tax Commission, Respondents

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

December 7, 1978


Petitioner, Southern Tier Iron Works, is a fabricator of structural steel used in building construction, and between March 1, 1969 and February 28, 1973 it purchased various pieces of shop machinery and equipment which it utilized in its fabrication process. Claiming that these purchases were exempt from any sales or use tax under former section 1115 (subd [a], par [12]) of the Tax Law, it did not pay any sales or use tax on them. In pertinent part, that statute provides...

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