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AM. TRUCKING ASS'NS, INC. v. NEW YORK STATE TAX COMM'N

60 N.Y.2d 745 (1983)

American Trucking Associations, Inc., et al., Appellants, v. New York State Tax Commission et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1983.

Attorney(s) appearing for the Case

Ralph S. Snyder, Richard D. Birns of the Pennsylvania Bar, pro hac vice, and Herbert Burstein for appellants.

Robert Abrams, Attorney-General (Francis V. Dow and Peter H. Schiff of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The judgment of Supreme Court, Albany County, should be affirmed for the reasons stated in the memorandum of former Justice DE FOREST C. PITT at Special Term (120 Misc.2d 191). We would only add that the subject tax law empowers the tax commission to adjust the allocation formula with respect to a particular corporation to "fairly...

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