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SCOTSMEN PRESS v. TAX APPEALS

165 A.D.2d 630 (1991)

In the Matter of Scotsmen Press, Inc., Petitioner, v. State of New York Tax Appeals Tribunal et al., Respondents

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

May 2, 1991

Attorney(s) appearing for the Case

Lombardi, Devorsetz, Stinziano & Smith (Bruce E. Wood of counsel), for petitioner.

Robert Abrams, Attorney-General (Julie S. Mereson of counsel), for respondents.

MAHONEY, P. J., MIKOLL, LEVINE and CREW III, JJ., concur.

HARVEY, J.

The facts are relatively undisputed. Petitioner is a commercial printer and publisher of weekly pennysavers which are distributed free of charge to consumers within a particular geographic area. Along with advertisements, the pennysavers also contain community service notices and some articles of general community interest. After an audit of petitioner for the period from June 1, 1978 through August...

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