Legal Opinion

McAllister Bros. v. Bates

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

Decided July 1, 1947Published

1Opinion of the CourtRussell, J.

This is a proceeding under article 78 of the Civil Practice Act to review a’ final determination of the State Tax Commission affirming franchise taxes assessed against the petitioner under article 9-A of the Tax Law for the privilege years commencing November 1, 1942 and November 1, 1943, respectively.

The Tax Commission’s determination changed the petitioner’s classification for the purpose of franchise taxes from a transportation and transmission company taxable under sections 183 and 184 of article 9 of the Tax Law, to a business corporation, taxable under article 9-A of the Tax Law and…

2Cases cited3 opinions

  1. People ex rel. Goodwin Sand & Gravel Co. v. LawAppellate Division of the Supreme Court of the State of New York · 1924
  2. People Ex Rel. New York & Albany Lighterage Co. v. CantorNew York Court of Appeals · 1924
  3. People ex rel. Peter J. Curran Funeral Service Co. v. GravesAppellate Division of the Supreme Court of the State of New York · 1939

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