The issue here is whether sums paid pursuant to an agreement between Peat Marwick Main & Co. (petitioner) and the operator of Madison Square Garden (the Garden) providing for petitioner's exclusive use of a luxury box (the box) in the Garden should be deemed "rent" for the purposes of the New York City commercial rent or occupancy tax (the tax). The court holds that such payments are not rent, and therefore the tax is inapplicable...
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