MATTER OF LOMBARD v. COMM'R OF TAXATION & FIN.


197 A.D.2d 799 (1993)

602 N.Y.S.2d 972

In the Matter of Francesco Lombard, Doing Business as Phil's Pizza, Petitioner, v. Commissioner of Taxation and Finance et al., Respondents

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

October 28, 1993


Casey, J.

Petitioner contends that the sales tax assessment for the audit period at issue was not reasonably calculated because it was based upon an inappropriate and inadequate audit method. Upon learning that petitioner was about to sell his pizza business, and concerned about the adequacy of petitioner's records based on past experience, an auditor for the Department of Taxation and Finance conducted an all-day observation test at petitioner's premises...

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