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  5. 208 A.D.2d 166 (1995)
 

SOLE TO SOLE v. TAX COMMN.

208 A.D.2d 166 (1995)

In the Matter of Sole to Sole, Inc., et al., Petitioners, v. State Tax Commission, Respondent

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

February 9, 1995

Attorney(s) appearing for the Case

Leonard B. Austin, P. C., Huntington Station (Joy Woda Schneider of counsel), for petitioners.

Dennis C. Vacco, Attorney-General, Albany (Denise A. Hartman and Nancy A. Spiegel of counsel), for respondent.

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

WHITE, J.

An audit conducted by the Department of Taxation and Finance in 1988 revealed that, between December 1, 1984 and May 31, 1985, petitioner Sole to Sole, Inc. received $747,627 from sales of prescription orthopedic shoes to Medicaid recipients. Because Sole to Sole failed to remit the sales taxes due on this sum, the Department issued a notice of determination and demand for payment of sales and use...

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