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ECHOSTAR CORP. v. TAX APPEALS

No. 87.

20 N.Y.3d 286 (2012)

2012 NY Slip Op 8672

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

Court of Appeals of New York.

Decided December 18, 2012.

Attorney(s) appearing for the Case

Morrison & Foerster LLP, New York City ( Paul H. Frankel , Irwin M. Slomka and Kara M. Kraman of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Kathleen M. Arnold , Barbara D. Underwood and Andrew D. Bing of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

GRAFFEO, J.

On this appeal we are asked to determine whether a satellite television provider's purchases of equipment that is used to deliver programming to its customers were exempt from sales and use taxes under New York's Tax Law.

Petitioner EchoStar Satellite Corp. (EchoStar), a national satellite television provider, better known as "DISH Network," operates a number of orbital...

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