Legal Opinion

Faulkner v. State Tax Commission

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

Decided May 4, 1978PublishedCited by 4 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Tax Commission which sustained a tax assessment under article 23 of the Tax Law. Petitioner is a securities brokerage firm. It pays to its "registered representatives” a commission of one third of the commission the firm receives from the representative’s sales. Mainly for the cosmetic purpose of bestowing more prestige upon these representatives, petitioner admitted them as partners with a nominal (approximately 1%)…

2Cases cited2 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. Ter Bush & Powell, Inc. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by4 opinions

  1. Jablin v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1978
  2. Weil v. ChuAppellate Division of the Supreme Court of the State of New York · 1986
  3. Weinflash v. TullyAppellate Division of the Supreme Court of the State of New York · 1983
  4. Spivak v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1987

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