Legal Opinion

Consolidated Edison Co. v. State Tax Commission

New York Court of Appeals

Decided February 27, 1969PublishedCited by 9 opinions

1Opinion of the CourtScileppi, J.

Pursuant to CPLR 3222, the parties have stipulated to the following facts:

*116On May 8, 1961 Consolidated Edison (hereinafter referred to as Con Ed) received from the Tax Commission a notice of assessment amounting to $21,435.09. This represented the balance allegedly due on the franchise tax imposed upon Con Ed’s gross earnings for the quarter ending July 31, 1960, pursuant to section 186 of article 9 of the Tax Law. Con Ed paid the full amount assessed against it, under protest.

On July 31, 1961 Con Ed applied, for a $20,753.36 refund of the amount so paid. The assessment to the extent of…

2Cases cited5 opinions

  1. People ex rel. Brooklyn Union Gas Co. v. MorganAppellate Division of the Supreme Court of the State of New York · 1906
  2. People Ex Rel. Westchester Lighting Co. v. GausNew York Court of Appeals · 1910
  3. People Ex Rel. Brooklyn Union Gas Company v. . GausNew York Court of Appeals · 1909
  4. People Ex Rel. Astoria Light, Heat & Power Co. v. GausNew York Court of Appeals · 1910
  5. People Ex Rel. Consolidated Gas Company, N.Y. v. GausNew York Court of Appeals · 1910

3Cited by9 opinions

  1. American Telephone & Telegraph Co. v. State Tax CommissionNew York Court of Appeals · 1984
  2. National Elevator Industry, Inc. v. New York State Tax CommissionNew York Court of Appeals · 1980
  3. New York State Cable Television Ass'n v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1977
  4. Delese v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2004
  5. Telephone & Telegraph Co. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983

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