Legal Opinion

American Molasses Co. v. McGoldrick

New York Court of Appeals

Decided July 11, 1939PublishedCited by 22 opinions

1Opinion of the CourtLehman, J.

The question involved in these appeals is simple. The New York City Sales Tax (Local Law No. 20 [published as No. 21] of 1934, as amended) imposes a tax, with exceptions not here material, upon receipts from every sale in the city of New York of “ tangible personal property sold at retail.” The statute provides that “ a1 retail sale ’ or ‘ sale at retail ’ means a sale to a customer, or to any person for any purpose other than for resale in the form of tangible personal property.” Sugar and molasses sold at wholesale must be packed in containers. The packers must purchase the containers. They…

2Cases cited1 opinion

  1. Mendoza Fur Dyeing Works, Inc. v. TaylorNew York Court of Appeals · 1936

3Cited by22 opinions

  1. Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
  2. Burger King, Inc. v. State Tax CommissionNew York Court of Appeals · 1980
  3. Fusco-Amatruda Co. v. Tax CommissionerSupreme Court of Connecticut · 1975
  4. MacKe Co. v. Comptroller of TreasuryCourt of Appeals of Maryland · 1984
  5. Baltimore Foundry & MacHinery Corp. v. ComptrollerCourt of Appeals of Maryland · 2001

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