Legal Opinion

People ex rel. Weber & Heilbroner, Inc. v. Graves

Appellate Division of the Supreme Court of the State of New York

Decided November 11, 1936PublishedCited by 5 opinions

1Opinion of the CourtHeffernan, J.

In this proceeding petitioner is asking us to review a final determination of respondents, denying its application for a refund of certain retail sales taxes. On the argument counsel for the respective parties requested the court to disregard technical objections and to decide the issue on the merits. We are complying with that request.

The question of law presented is Whether a trustee in bankruptcy operating, under an order of the bankruptcy court, the business of a bankrupt corporation and selling tangible personal property at retail, is subject to the sales tax imposed by article 17 of the…

2Cases cited5 opinions

  1. Michigan v. Michigan Trust Co.Supreme Court of the United States · 1932
  2. Central Trust Co. v. New York City & Northern RailroadNew York Court of Appeals · 1888
  3. Reinecke v. GardnerSupreme Court of the United States · 1928
  4. People ex rel. Rice v. GravesAppellate Division of the Supreme Court of the State of New York · 1934
  5. People Ex Rel. Rice v. GravesNew York Court of Appeals · 1936

3Cited by5 opinions

  1. In re the Bank of RichmondvilleAppellate Division of the Supreme Court of the State of New York · 1940
  2. People ex rel. Mosbacher v. GravesAppellate Division of the Supreme Court of the State of New York · 1938
  3. Bird & Jex Co. v. Anderson Motor Co.Utah Supreme Court · 1937
  4. Williams v. AGK Communications, Inc.New York Supreme Court · 1989
  5. People v. Reinforced Paper Bottle Corp.New York Supreme Court · 1941

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