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WESTINGHOUSE ELEC. CORP. v. TULLY

63 N.Y.2d 191 (1984)

In the Matter of Westinghouse Electric Corporation, Respondent-Appellant, v. James H. Tully, Jr., et al., Constituting the Tax Commission of the State of New York, Appellants-Respondents.

Court of Appeals of the State of New York.

Decided October 18, 1984.

Attorney(s) appearing for the Case

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

Paul M. Dodyk, Henry W. de Kosmian, David A. Barrett and Simon Friedman for respondent-appellant.

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

SIMONS, J.

This matter is before us on remand from the United States Supreme Court after it declared unconstitutional portions of the New York Tax Law (Tax Law, § 208 et seq.). The offending portions related to the taxation of domestic international sales corporations (DISCs) and they were invalidated because they authorized credits which favored exports shipped from New York and discriminated against...

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