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IN THE MATTER OF FUCHSBERG & FUCHSBERG v. COMMISSIONER OF TAXATION AND FINANCE

13 A.D.3d 831 (2004)

786 N.Y.S.2d 257

In the Matter of FUCHSBERG & FUCHSBERG, Petitioner, v. COMMISSIONER OF TAXATION AND FINANCE et al., Respondents.

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

December 16, 2004.

Mercure, J.

Petitioner, a law firm generally representing clients in personal injury cases and paid by contingency fee, obtained its clients through referrals from attorneys working outside the firm, as well as those working as associates within the firm. Petitioner compensated both groups of attorneys for the referrals with a share of any contingency fees received and treated all referring attorneys, whether associates or not, as independent contractors. Petitioner...

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