MATTER OF XO COMMUNICATIONS SERVICES, LLC v. TAX APPEALS TRIBUNAL

527336.

182 A.D.3d 717 (2020)

122 N.Y.S.3d 412

2020 NY Slip Op 02213

In the Matter of XO Communications Services, LLC, 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 April 9, 2020.


Petitioner is a New York public utility that provides telecommunication services to consumers nationwide. In November 2013 and August 2014, petitioner applied to the Department of Taxation and Finance (hereinafter the Department) for two separate refunds of state sales tax paid on purchases of electricity that it used to power and...

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