Marine Midland Bank v. State Tax Commission

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent State Tax Commission which sustained an unincorporated business tax assessment imposed pursuant to article 23 of the Tax Law. In 1961 and 1962, the now deceased Franklin Yarker and his wife Marjorie Yarker sold portions of some land which they had owned and farmed for many years in the Town of Greece, Monroe County. Thereafter, in 1965, the Department of Taxation and Finance ruled that their installment gains on…