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MATTER OF OFFICEMAX NORTH AMERICA v. TAX APPEALS TRIBUNAL OF THE DEPARTMENT OF TAXATION AND FINANCE OF THE STATE OF NEW YORK

33 A.D.3d 1161 (2006)

825 N.Y.S.2d 544

In the Matter of OFFICEMAX NORTH AMERICA, Petitioner, 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.

Decided October 26, 2006.

Peters, J.

The Division of Taxation conducted a sales tax audit of petitioner between 1995 and 2000. In March 2000, the Division's auditor, Evie Cosmas, issued a statement of proposed audit changes for sales and use tax which listed tax, penalties and interest due in the amount of approximately $4.5 million. Due to objections raised by petitioner, Cosmas sent a revised statement in April 2000, reflecting tax, penalties...

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