Talco Contractors, Inc. v. New York State Tax Commission

— Yesawich, Jr., J.

Sales and use taxes with interest have been assessed against petitioner by reason of the bulk sale of construction equipment from Elmgrove Developers, Inc., to petitioner. The two corporations, both engaged in the contracting business and located in Rochester, are closely held and closely related: petitioner’s sole shareholder, Mary Bacchetta, is also the major shareholder of Elmgrove, and her son, Louis Bacchetta, is president of petitioner and vice-president of Elmgrove. Petitioner challenged the assessment arguing that the sale of the equipment did not constitute a bulk…