CARRET & CO. v. TAX COMMN.


148 A.D.2d 40 (1989)

In the Matter of Carret & Company, Inc., Appellant, v. State Tax Commission, Respondent

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

June 29, 1989


Attorney(s) appearing for the Case

Jerome R. Rosenberg for appellant.

Robert Abrams, Attorney-General (Wayne L. Benjamin and Julie S. Mereson of counsel), for respondent.

MAHONEY, P. J., WEISS, YESAWICH, JR., and LEVINE, JJ., concur.


MIKOLL, J.

Petitioner is a brokerage and investment counselling firm which also made investments for its own account. During petitioner's fiscal year ending September 30, 1979, it bought and sold eight soybean futures contracts on the Chicago Board of Trade realizing a net gain of $214,215. Petitioner reported this gain on its State corporation franchise tax return as investment income. The Audit Division of...

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