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MATTER OF STORM ASSET MANAGEMENT, INC. v. COMMISSIONER OF TAXATION & FINANCE

509319.

91 A.D.3d 1130 (2012)

936 N.Y.S.2d 399

2012 NY Slip Op 261

In the Matter of STORM ASSET MANAGEMENT, INC., Petitioner, v. COMMISSIONER OF TAXATION AND FINANCE et al., Respondents.

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

Decided January 19, 2012.

McCARTHY, J.

Petitioner is a New Hampshire corporation that operates 13 vehicles on New York highways for the purpose of hauling fuel, construction materials and heavy equipment. This activity subjects petitioner to a highway use tax imposed by Tax Law article 21 (see Tax Law § 503 [1]). The gross weights that petitioner listed on its permit applications for its vehicles, and thus included by the Department...

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