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MATTER OF WHOLESALE FENCE, INC. v. NEW YORK STATE DEP'T OF TAXATION & FIN.

151 A.D.2d 488 (1989)

In the Matter of Wholesale Fence, Inc., Formerly Known as Island Wholesale Fence Supply Corp., Appellant, v. New York State Department of Taxation and Finance, Respondent

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

June 5, 1989

Ordered that the judgment is affirmed, with costs.

Upon our review of the agreement settling the parties' dispute concerning the extent of the petitioner's sales tax liability, we find that its provisions did not waive the imposition of penalty and interest in addition to the agreed-upon amount of sales tax due and owing. Under these circumstances, we further find that the respondent is not equitably estopped from recovering...

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