Legal Opinion · Dissent

United Parcel Service, Inc. v. Tax Appeals Tribunal

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

Decided August 16, 2012Published

1Dissent

Kavanagh, J. (dissenting).

Respondent Tax Appeals Tribunal’s determination that certain supplies used by petitioner in its air freight business are not exempt from the state’s sales and use tax is rationally based and, in my opinion, should in all respects be confirmed (see Tax Law §§ 1115 [n] [4]; 1101 [b] [12]).

The burden imposed upon a taxpayer challenging a determination by the Tribunal denying it a tax exemption is significant and requires the taxpayer to prove “ ‘a clearcut entitlement’ ” to the exemption (Matter of Golub Serv. Sta. v Tax Appeals Trib. of State of N.Y., 181 AD2d 216, 219…

2Cases cited10 opinions

  1. American Telephone & Telegraph Co. v. State Tax CommissionNew York Court of Appeals · 1984
  2. Federal Deposit Insurance v. Commissioner of Taxation & FinanceNew York Court of Appeals · 1993
  3. Gordon v. Town of EsopusNew York Court of Appeals · 2010
  4. Astoria Financial Corp. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2009
  5. 21 Club, Inc. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2010

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