MATTER OF LESLIE'S JEWELRY MFG. CORP. v. TAX APPEALS TRIBUNAL OF THE CITY OF NEW YORK


238 A.D.2d 129 (1997)

655 N.Y.S.2d 36

In the Matter of Leslie's Jewelry Mfg. Corp., Petitioner, v. Tax Appeals Tribunal of the City of New York et al., Respondents

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

April 1, 1997


It is petitioner's burden to prove the assessment improper (Matter of Labadie Sales Corp. v New York City Dept. of Fin., 201 A.D.2d 291, 292), and the absence of evidence that petitioner's office in Italy was a "regular place of business", which would have entitled petitioner to allocate its income to such situs pursuant to Administrative Code of the City of New York § 11-604, provides a sufficient basis to uphold the assessment...

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