Legal Opinion

American Surety Co. v. Joseph

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

Decided April 27, 1954Published

1Opinion of the CourtBotein, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the comptroller of the City of New York imposing on New York Casualty Company a so-called financial tax deficiency for the tax periods commencing July 1, 1946, and ending June 30, 1950.

The enabling act (General City Law, § 24-a) authorizing the city to adopt local laws for the imposition of such taxes, provides for (1) a “ general business ” or “ gross receipts ” tax, not exceeding % of 1%, measured by the gross receipts from any trade, business, profession, vocation or commercial activity, other than…

2Cases cited5 opinions

  1. Matter of Good Humor Corporation v. McGoldrickNew York Court of Appeals · 1943
  2. Matter of Gen. Reinsurance Corp. v. PinkNew York Court of Appeals · 1936
  3. Holmes Electric Protective Co. v. City of New YorkNew York Court of Appeals · 1952
  4. Emigrant Industrial Savings Bank v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1944
  5. Matter of Guardian Life Ins. Co. of America v. JosephNew York Court of Appeals · 1948

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