Defiance Paper Co. v. Browne

I dissent from the proposed decision as based upon the merits, vote to reverse the order appealed from and to confirm the determination made by the appellants (Tax Commission) which held petitioner-respondent’s 1939 mortgage nonexempt under section 255 of the Tax Law, from, but liable to, the payment of the mortgage recording tax imposed by section 253 of said statute.

To become entitled to the tax exemption it claims, it was incumbent upon petitioner-respondent to show clearly either: (1) that its 1939 mortgage was “ recorded for the purpose of correcting or perfecting ” its prior 1927…