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MTR CONSOL. v. TULLY

89 A.D.2d 270 (1982)

In the Matter of Consolidated Freightways Corporation of Delaware, 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.

November 4, 1982

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (E. Parker Brown, II, and Joseph H. Murphy of counsel), for petitioner.

Robert Abrams, Attorney-General (Diane DeFurio Foody and William J. Kogan of counsel), for respondents.

KANE, J. P., MAIN, MIKOLL and LEVINE, JJ., concur.

WEISS, J.

In computing the amount of highway use tax due under subdivision 3 of section 503 of the Tax Law, respondents determined that the unloaded weight of petitioner's vehicles should include full tanks of diesel fuel pursuant to the definition of unloaded weight found in subdivision 7 of section 501 of the Tax Law, which determination increased the unloaded weight of petitioner's vehicles and placed them...

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