MATTER OF GALILEO INTERNATIONAL PARTNERSHIP v. TAX APPEALS TRIBUNAL OF THE DEPARTMENT OF TAXATION AND FINANCE OF THE STATE OF NEW YORK


31 A.D.3d 1072 (2006)

820 N.Y.S.2d 342

In the Matter of GALILEO INTERNATIONAL PARTNERSHIP et al., Petitioners, v. TAX APPEALS TRIBUNAL OF THE DEPARTMENT OF TAXATION AND FINANCE OF THE STATE OF NEW YORK et al., Respondents.

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

July 27, 2006.


Lahtinen, J.

Petitioners contend that respondent Tax Appeals Tribunal erred in determining that the computer equipment and software they provided to travel agencies under subscriber agreements during two tax periods (i.e., 1991 to 1993 and 1993 to 1996) were taxable as leases of personal property. They argue that the Tribunal failed to apply the "true object test," which they assert would have revealed that the agreements were for nontaxable connectivity services...

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