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MEREDITH v. TAX APPEALS TRIB.

512597.

102 A.D.3d 156 (2012)

956 N.Y.S.2d 585

2012 NY Slip Op 7909

In the Matter of MEREDITH CORPORATION, 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 New York, Third Department.

November 21, 2012.

Attorney(s) appearing for the Case

Morrison & Foerster, LLP, New York City ( Hollis L. Hyans of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, Albany ( Robert M. Goldfarb of counsel), for Commissioner of Taxation and Finance, respondent.

ROSE, J.P., SPAIN, KAVANAGH and MCCARTHY, JJ., concur.

OPINION OF THE COURT

LAHTINEN, J.

Petitioner is an Iowa corporation engaged in publishing and television broadcasting. It seeks a refund of part of the corporate franchise tax it paid in New York for the tax years ending in June 1998, 1999 and 2000. The portion of its entire net income allocated to New York for taxation was determined by multiplying its net worldwide income by the business allocation percentage (hereinafter BAP) (see Tax Law §...

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