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BLOOMINGDALE BROS. v. CHU

119 A.D.2d 41 (1986)

In the Matter of Bloomingdale Brothers, a Division of Federated Department Stores, Inc., Petitioner, v. Roderick A. Chu et al., Constituting The State Tax Commission of the Department of Taxation and Finance of the State of New York, Respondents

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

July 31, 1986

Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn (Lois D. Thompson of counsel), for petitioner.

Robert Abrams, Attorney-General (Wayne L. Benjamin of counsel), for respondents.

CASEY and MIKOLL, JJ., concur with KANE, J. P.; LEVINE, J., dissents and votes to confirm in an opinion.

KANE, J. P.

The pertinent stipulated facts are as follows. Petitioner owns and operates a chain of retail department stores in the States of New York, New Jersey, Connecticut, Massachusetts and Pennsylvania. In 1976, the State Department of Taxation and Finance issued a notice of determination and demand for sales and use taxes due for the period September 1, 1971 through August 31, 1974. This assessment, as...

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