Borden, Inc v. Department of Treasury

*511Williams, J.

(for reversal). This case involves construction of the General Corporation Act1 and the fees, taxes and charges act.2 Specifically the issue is whether the "final determination” provided for in § 4 of the fees, taxes and charges act may be made within a reasonable time after a field audit authorized by that act or whether it must be made prior to "acceptance” of a corporate filing of its report and accompanying franchise fee under the general corporation act.

I — FACTS

Plaintiff, (hereinafter taxpayer) a New Jersey corporation with principal offices in New York City, has been…