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  5. 188 A.D.2d 698 (1992)
 

MATTER OF ROSS-VIKING MERCH. CORP. v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

188 A.D.2d 698 (1992)

In the Matter of Ross-Viking Merchandise Corporation, Petitioner, v. Tax Appeals Tribunal of the State of New York et al., Respondents

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

December 3, 1992

Levine, J.

Petitioner is a corporation formerly engaged in the distribution of batteries and lightbulbs to supermarkets. As of December 31, 1984, all of petitioner's stock was acquired by Supermarket Services, Inc. (hereinafter SMS), a distributor of nonfood items to supermarkets. Petitioner was required to file by June 15, 1985 a State income tax return and a State metropolitan transportation business tax surcharge return for the period from January...

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