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MATTER OF ECHOSTAR SATELLITE CORPORATION v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

508200.

79 A.D.3d 1307 (2010)

912 N.Y.S.2d 757

In the Matter of ECHOSTAR SATELLITE CORPORATION, Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided December 9, 2010.

MERCURE, J.P.

Petitioner is a provider of satellite television programming that conducts business under the name "Dish Network." During the relevant time frame, petitioner purchased equipment needed to provide such programming from manufacturers and supplied the equipment to its customers for a monthly fee that was bundled within its programming charge. Petitioner did not pay sales tax on its purchases of the equipment.

Following an audit, the Department of...

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