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MATTER OF SIEMENS CORP. v. TAX APPEALS TRIBUNAL

89 N.Y.2d 1020 (1997)

679 N.E.2d 1072

657 N.Y.S.2d 592

In the Matter of Siemens Corporation, Formerly Siemens Capital Corporation, Respondent, v. Tax Appeals Tribunal, Respondent, and Commissioner of Taxation and Finance, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1997.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Lisa LeCours, Andrea Oser, Peter H. Schiff, Nancy A. Spiegel and Barbara G. Billet of counsel), for appellant.

Richard S. Payne, Larchmont, for Siemens Corporation, respondent.

Paul A. Crotty, Corporation Counsel of New York City (Edward F. X. Hart and Amy F. Nogid of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the petition dismissed.

Petitioner Siemens Corp. (Siemens), a Delaware corporation with its principal place of business in New York, is a wholly owned subsidiary of Siemens Aktiengesellschaft (Siemens AG.), a German corporation. Siemens acts as a financial conduit between Siemens AG. and its other affiliates throughout the United...

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