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MATTER OF DELIA v. CHU

106 A.D.2d 815 (1984)

In the Matter of Spartacus Delia, Petitioner, v. Roderick G. W. Chu et al., Constituting The State Tax Commission, Respondents

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

December 20, 1984

The State Tax Commission determined that two parcels of real property used as quarries were employed by petitioner in an unincorporated business, subjecting the gain from their sale to unincorporated business income tax.

It is petitioner's contention that he owned the two quarries and leased them to a corporation, E. G. Delia & Sons Construction Corporation of which he was president and sole stockholder, and that it...

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