MATTER OF LONDON TOWNCARS, INC. v. MICHAEL


86 A.D.2d 841 (1982)

In the Matter of London Towncars, Inc., Petitioner, v. Philip R. Michael, Respondent

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

February 25, 1982


We are persuaded that the determination is not supported by substantial evidence and accordingly should be annulled. Pursuant to enabling legislation in subdivision (a) of section 1201 of the Tax Law, the New York City Utility Tax Law (Administrative Code, ch 46, tit QQ) presently imposes a 1.17% excise tax on gross income upon every "`[v]endor of utility services'" in the city, defined as a person who "sells gas, electric, steam, water, refrigeration, telephone or telegraph...

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