H. Meltzer & Sons 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 the State Tax Commission which sustained an unincorporated business tax deficiency. Petitioner is a partnership engaged in the business of conducting auctions. An audit of petitioner’s books revealed a substantial discrepancy between the income flowing through the partnership’s checking account and the gross income reported on the partnership returns for the years in question. The discrepancy resulted from the failure to…