On January 24, 1978, subsequent to an audit of the petitioner's retail grocery store business in New York City for the period between April 9, 1976 and January 10, 1978, a notice of final determination of taxes due in the amount of $9,560.93 plus penalty and interest of $5,798.02 was issued, pursuant to section 1138 of the Tax Law. Dissatisfied, the petitioner filed an application for a hearing with respect to his tax liability. On August 17, 1978 a notice scheduling a prehearing...
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