Telephone & Telegraph Co. v. State Tax Commission

Yesawich, Jr., J. (concurring in part and dissenting in part).

While I subscribe to the majority’s reasoning in invalidating the taxes imposed pursuant to section 184 of the Tax Law, I would annul the commission’s determination in its entirety. In my view, the capital stock tax assessment under section 183 of the Tax Law, dictating an additional burden on petitioner of approximately $12.5 million in taxes and interest, was also improper.

This case is controlled by Matter of Consolidated Edison Co. of N. Y. v State Tax Comm. of State of N. Y. (24 NY2d 114) where, in construing the franchise tax…