Elmer W. Davis, Inc. v. Commissioner of Taxation & Finance

OPINION OF THE COURT

Mercure, J.P

This proceeding requires that we determine whether an industrial development agency may grant financial assistance, in the form of a sales tax exemption on movable equipment, to a business that uses its equipment on jobs or to make deliveries outside the municipality for whose benefit the agency was created. Respondent Tax Appeals Tribunal determined that equipment used outside the agency’s jurisdiction may not be exempted from sales tax because agencies are permitted to extend financial assistance only with respect to “projects,” and such equipment does not…