Legal Opinion

Matter of Hewitt v. Bates

New York Court of Appeals

Decided March 18, 1948PublishedCited by 11 opinions

1Opinion of the CourtDye, J.

The petitioners, claiming to be exempt from liability under section 386 of the Tax Law, have brought these proceedings in the nature of certiorari under article 78 of the Civil Practice Act and section 375 of the Tax Law to review separate final determinations of the Tax Commission which confirmed assessments of an unincorporated business tax under article 16-A against the petitioners, and for a refund of the amounts paid under protest. The Appellate Division has affirmed the principle of liability but has annulled the assessments against Caroline D. Hewitt, individually, for the years…

2Cases cited4 opinions

  1. Florsheim Brothers Drygoods Co. v. United StatesSupreme Court of the United States · 1930
  2. Commissioner v. Lane-Wells Co.Supreme Court of the United States · 1944
  3. Zellerbach Paper Co. v. HelveringSupreme Court of the United States · 1934
  4. Germantown Trust Co. v. CommissionerSupreme Court of the United States · 1940

3Cited by11 opinions

  1. People v. Universal Film Exchanges, Inc.California Supreme Court · 1950
  2. Matter of Frye v. Comm'r of Fin. of the City of New YorkNew York Court of Appeals · 1984
  3. Arbesfeld v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1978
  4. Basch v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1987
  5. Peters v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1963

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