MATTER OF U-NEED-A-ROLL OFF CORP. v. NEW YORK STATE TAX COMM'N


67 N.Y.2d 690 (1986)

In the Matter of U-Need-a-Roll off Corp., Respondent, v. New York State Tax Commission, Appellant.

Court of Appeals of the State of New York.

Decided February 6, 1986.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert Hermann and Kathleen Liston Morrison of counsel), for appellant.

David Hirschberg for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the determination of the State Tax Commission that petitioner's initial purchase of trash containers and compactors was not tax exempt reinstated.

Invoices submitted by petitioner corresponding to the audit period showed that petitioner's customers were charged a flat fee for petitioner's trash removal services without stating a separate...

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