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CABLEVISION v. TAX COMM

98 A.D.2d 100 (1983)

In the Matter of Capitol Cablevision Systems, Inc., Respondent, v. State Tax Commission, Appellant

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

December 29, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Francis V. Dow and Peter J. Dooley of counsel), for appellant.

O'Connell & Aronowitz, P. C. (Neil H. Rivchin of counsel), for respondent.

MAHONEY, P. J., SWEENEY, MAIN and MIKOLL, JJ., concur.

YESAWICH, JR., J.

Since its creation in 1966, petitioner, a cable television program supplier in the Albany area, has filed corporate tax returns as a business corporation under article 9-A of the Tax Law. On September 6, 1978, as a result of a routinely conducted audit of randomly selected returns, the Corporation Tax Bureau of the State Department of Taxation and Finance informed petitioner that it had reclassified...

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