New York World-Telegram Corp. v. McGoldrick

In order to classify a matter for the purposes of taxation or otherwise, the law looks at the substance and not merely at the form of the transaction. The application of this rule to the facts of this case, in my opinion, sustains the taxpayer’s position.

Petitioner, the New York World-Telegram Corporation, hereinafter described as the Publishing Company, has been assessed for the payment of $49,570.27, including interest and penalties, under the New York City sales tax law, based on *807alleged rentals paid to a now dissolved subsidiary for the use of its tangible personal property from the…