Legal Opinion · Concurring in part, dissenting in part

Fischer v. State Tax Commission

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

Decided January 17, 1985Published

1Concurring in part, dissenting in partMikoll, J.

Mikoll, J. (concurring in part and dissenting in part). The record discloses that during the tax period in question, petitioner’s employer was doing business in New Jersey and had eight building projects under way there. As a licensed structural engineer assigned to these projects, petitioner of necessity had to be physically present not only for on-site work, but readily available for the myriad consultations attendant on such work. Petitioner’s supporting documentation indicates that one project alone lasted IV2 years with at least three change orders requiring redesign by petitioner. This…

2Cases cited2 opinions

  1. Fass v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1979
  2. Fass v. Tax CommissionNew York Court of Appeals · 1980

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