MTR ROSEN v. STATE TAX COMM


89 A.D.2d 289 (1982)

In the Matter of Philip Rosen, Petitioner, v. State Tax Commission, Respondent

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

November 4, 1982


Attorney(s) appearing for the Case

Robert S. Raum, P. C. and Leinwand, Maron, Hendler & Krause (Joel M. Schwartz of counsel), for petitioners.

Robert Abrams, Attorney-General (Francis V. Dow and Jeremiah Jochnowitz of counsel), for respondent.

MAIN, CASEY and MIKOLL, JJ., concur with MAHONEY, P. J.; YESAWICH, JR., J., dissents and votes to confirm in a separate opinion.


MAHONEY, P. J.

The dispositive issue in this proceeding is whether respondent correctly determined that petitioner's election to report a sale of stock on his 1972 State resident income tax return under the installment method was improper. Petitioner was the sole shareholder of Abbey Chop House, Inc., a corporation which operated a restaurant in a New York City hotel. Only 13 8/10 shares of stock had been issued by the corporation. On June 14, 1972, at...

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