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STAHLBRODT v. TAXATION COMMR.

92 N.Y.2d 646 (1998)

707 N.E.2d 421

684 N.Y.S.2d 466

Peter J. Stahlbrodt, Doing Business as Shopping Bag, Appellant, et al., Plaintiff, v. Commissioner of Taxation and Finance of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Devorsetz Stinziano Gilberti Heintz & Smith, P. C., Syracuse (Kevin C. Murphy of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson, Barbara G. Billet and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

Plaintiff-appellant Stahlbrodt, during the pertinent tax assessment period, published and distributed free of charge in Monroe County "The Shopping Bag," a weekly advertising paper which he claimed qualified for a sales tax exemption on purchases of printing services as a "shopping paper" under Tax Law § 1115 (i). After auditing The Shopping Bag, the State Department of Taxation and Finance disagreed...

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