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FELIX INDUS. v. TAX TRIBUNAL

183 A.D.2d 203 (1992)

In the Matter of Felix Industries, 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.

November 5, 1992

Attorney(s) appearing for the Case

Muchnick, Golieb & Golieb, New York City (Howard W. Muchnick of counsel), for petitioner.

Robert Abrams, Attorney-General, Albany (Lew A. Millenbach and Nancy A. Spiegel of counsel), for Commissioner, New York State Department of Taxation and Finance, respondent.

MIKOLL, J. P., YESAWICH JR., MERCURE and CASEY, JJ., concur.

CREW III, J.

Petitioner, a New York corporation, is a heavy construction contractor. During the course of an unrelated audit, the Department of Taxation and Finance (hereinafter the Department) discovered that petitioner was not registered as a sales tax vendor in this State. This in turn led to an audit of petitioner's records for the period June 1, 1978 through February 28, 1987. The Department determined...

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