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MATTER OF LAKEVIEW FUTURES v. DEP'T OF FIN. OF THE CITY OF NEW YORK

210 A.D.2d 31 (1994)

618 N.Y.S.2d 818

In the Matter of Lakeview Futures et al., Petitioners, v. Department of Finance of the City of New York et al., Respondents

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

December 6, 1994

Respondents' determination that petitioners' activities constituted an unincorporated business and are, therefore, subject to the unincorporated business tax is supported by substantial evidence. Petitioners, a registered futures commodities merchant and its sole general partner, engaged in futures commodities transactions on a retail basis and for their own account, and thus the exemption provided by section 11-502 (c) of the Administrative Code of the City of New York is...

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