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HEALTH-CHEM CORP v. TAX COMMN

132 Misc.2d 941 (1986)

Health-Chem Corporation, Petitioner, v. State Tax Commission, Respondent.

Supreme Court, Special Term, Albany County.

August 19, 1986

Attorney(s) appearing for the Case

Leon C. Baker for petitioner. Robert Abrams, Attorney-General (Nancy Gleason of counsel), for respondent.

JOHN G. CONNOR, J.

The essential facts are not in dispute. Petitioner is a Delaware corporation authorized to do business in this State. For its fiscal years ending June 30, 1977 and June 30, 1978 petitioner reported a net operating loss on its corporate franchise taxes. Those losses were carried back to petitioner's fiscal years which ended in 1974 through 1976. The carry back of losses correspondingly entitled...

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