Mutual Life Insurance v. New York State Tax Commission

OPINION OF THE COURT

Harvey, J.

Petitioner is a domestic corporation which, pursuant to Tax Law article 22, is required to deduct and withhold taxes from the wages of its employees. The aggregate amount petitioner was required to deduct and withhold was such that petitioner was required, in 1978, to file semimonthly returns paying over the amounts withheld to the Department of Taxation and Finance (see, Tax Law § 674 [a] [former (3)]; but see, Tax Law § 674 [a] [4], as added by L 1981, ch 103, § 102, eff June 16, 1981). On December 18, 1978, petitioner issued a check for $102,500, payable to…