Capital Cities Communications, Inc. v. State Tax Commission

OPINION OF THE COURT

Larkin, J.

The basic facts are not in dispute. Petitioner owns and operates radio and television stations in New York and other States. The holdings include: (1) stations with no facilities in New York and operated entirely outside this State, (2) stations with facilities wholly within New York and (3) stations with facilities both within and outside New York. Petitioner’s executive offices were located in New York City. In filing its New York State franchise tax returns for the years 1967-1969, petitioner computed the amount of the tax due by allocating receipts on the…