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MATTER OF DARMAN BUDG. SUPPLY CORP. v. MATTOX

513744.

106 A.D.3d 1150 (2013)

964 N.Y.S.2d 711

2013 NY Slip Op 3139

In the Matter of DARMAN BUILDING SUPPLY CORPORATION, Petitioner, v. THOMAS MATTOX, as Commissioner of Taxation and Finance, et al., Respondents.

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

Decided May 2, 2013.

Rose, J.P.

The Division of Taxation audited petitioner's sales tax liability for its sales of construction materials over a three-year period beginning in March 2001. Petitioner consented to a test period audit and, using a three-month period, the auditor determined that petitioner underreported its taxable sales and overreported exempt sales. The auditor also determined that petitioner was unable to establish that it...

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