MATTER OF JACK W. MILLER EXCAVATING CONTRACTOR, INC. v. STATE TAX COMM'N


131 A.D.2d 902 (1987)

In the Matter of Jack W. Miller Excavating Contractor, Inc., Petitioner, v. State Tax Commission, Respondent

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

June 4, 1987


Kane, J. P.

Petitioner is engaged, inter alia, in the business of excavating and selling bank run gravel. After a test-period audit was conducted, a notice and demand for payment of sales and use taxes amounting to $24,848.93, including interest, was issued. At a subsequent conference, the assessment was reduced to a total, including interest, of $22,587.90. At the ensuing hearing, the Audit Division of the Department of Taxation and Finance conceded...

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