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IN THE MATTER OF VARSITY TRANSIT, INC. v. STARK

6 A.D.3d 244 (2004)

775 N.Y.S.2d 273

In the Matter of VARSITY TRANSIT, INC., Petitioner, v. MARTHA E. STARK, as Commissioner of the New York City Department of Finance, et al., Respondents.

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

April 15, 2004.

Petitioner, an operator of school buses within the City of New York, was subject to both a utility tax and a corporation tax imposed by the City but was entitled to exclude from corporation tax treatment any income subject to the utility tax, which is a tax on gross receipts. Only petitioner's school bus income was subject to the utility tax, and only its non-school bus transportation income, such as service fees and income generated...

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