Legal Opinion

Arthur Treacher's Fish & Chips, Inc. v. New York State Tax Commission

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

Decided July 26, 1979PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Greenblott, J. P.

Under a master franchise agreement, dated August 27, 1970, petitioner, Arthur Treacher’s Fish & Chips, Inc., granted A.E.K. Enterprises, Inc. (A.E.K.) permission to operate five Arthur Treacher’s Fish and Chips restaurants. On December 19, 1976 petitioner and A.E.K. entered into a written agreement whereby petitioner agreed to purchase the restaurants of A.E.K. and terminate the master franchise agreement.

By a notice and demand for payment of sales and use taxes due, dated September 23, 1977, the Department of Taxation and Finance notified petitioner that,…

2Cases cited14 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Fuentes v. ShevinSupreme Court of the United States · 1972
  3. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  4. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
  5. Phillips v. CommissionerSupreme Court of the United States · 1931

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. United States v. ReganDistrict Court, S.D. New York · 1989
  2. Harcel Liquors, Inc. v. Evsam Parking, Inc.New York Court of Appeals · 1979
  3. Sea Lar Trading Co. v. MichaelAppellate Division of the Supreme Court of the State of New York · 1983
  4. Velez v. Division of Taxation of the Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1989
  5. Sea Lar Trading Co. v. MichaelNew York Supreme Court · 1980

9 more not listed; retrieve them via the Exa API.

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