Consolidated Edison Co. v. State Tax Commission

This is a proceeding pursuant to article 78 of the CPLR brought by the petitioner to review the final determination made by the respondent on October 27, 1964, upholding a franchise tax assessment for the quarterly period ending July *47831, 1960, The proceeding was transferred by Special Term to this court for initial determination.

The parties have entered into a stipulation of the facts upon which petitioner’s request for a refund was denied, the only question before us being whether the amounts received by petitioner (1) as reimbursements for property damage and insurance claims and (2) from the…