MTR CHEM. BANK v. TULLY


94 A.D.2d 1 (1983)

In the Matter of Chemical Bank, Petitioner, v. James H. Tully, Jr., et al., Constituting the Tax Commission of The State of New York, Respondents

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

June 2, 1983


Attorney(s) appearing for the Case

Cravath, Swaine & Moore (Richard J. Hiegel and Ann H. Pollock of counsel), for petitioner.

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

SWEENEY, KANE, CASEY and WEISS, JJ., concur.


MAHONEY, P. J.

Based on a field audit of the books of petitioner, the Sales Tax Bureau of the Department of Taxation and Finance determined that petitioner owed $1,576,580 in sales and use taxes for the period of September 1, 1972 through February 29, 1976. Of that amount, $304,912.31 was attributable to payments petitioner made to food service management companies that operated petitioner's employee cafeterias...

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