MATTER OF HENRY SCHEIN, INC. v. ERISTOFF


35 A.D.3d 1124 (2006)

827 N.Y.S.2d 718

In the Matter of HENRY SCHEIN, INC., Appellant, v. ANDREW S. ERISTOFF, as Commissioner of Taxation and Finance, Respondent.

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

Decided December 28, 2006.


Spain, J.

This proceeding arises from a sales and use tax audit of petitioner, a corporate distributor of health care products, conducted by the Department of Taxation and Finance covering the period of March 1993 through November 1999. During the course of the audit, a dispute arose concerning the validity of petitioner's consent to extend the statute of limitations with respect to the Department's ability to assess additional sales and use taxes (see Tax...

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