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CALLANAN MARINE CORP. v. TULLY

72 A.D.2d 853 (1979)

Callanan Marine Corporation, Appellant, v. James H. Tully, Jr., Individually and as Commissioner of The Department of Taxation and Finance of the State of New York, Respondent

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

November 8, 1979

Plaintiff commenced this declaratory judgment action to annul a certain assessment of sales and use taxes issued against it upon the ground that the assessment was "made without any factual basis or audit solely to extend the period of limitations and is wholly fictitious." On March 18, 1977, the New York State tax examiner requested the corporate treasurer of plaintiff's parent company to sign waivers extending the Statute of Limitations for the assessment of sales and use...

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