Boss-Linco Lines, Inc. v. State Tax Commission

Appellate Division of the Supreme Court of New York

Boss-Linco Lines, Inc. v. State Tax Commission

27 A.D.2d 960, 279 N.Y.S.2d 512, 1967 N.Y. App. Div. LEXIS 4363

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 1967

StatusPublished

This text of 27 A.D.2d 960 (Boss-Linco Lines, Inc. v. State Tax Commission) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boss-Linco Lines, Inc. v. State Tax Commission, 27 A.D.2d 960, 279 N.Y.S.2d 512, 1967 N.Y. App. Div. LEXIS 4363 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum by the Court. Proceeding under section 199 of the Tax Law and article 78 of the CPLR to review a determination of the State Tax Commission which sustained a corporation franchise tax assessment purportedly imposed pursuant to section 183 of the Tax Law. To the extent that the issuance of new shares followed the transfer from surplus to capital of $97,100 (net), we find no basis for differentiating the determination of franchise tax liability at which the Tax Commission arrived from that which we sustained in Matter of Garvey Carting & Stor. v. State Tax Comm. (27 A D 2d 337). Determination confirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Memorandum by the Court. Proceeding under section 199 of the Tax Law and article 78 of the CPLR to review a determination of the State Tax Commission which sustained a corporation franchise tax assessment purportedly imposed pursuant to section 183 of the Tax Law. To the extent that the issuance of new shares followed the transfer from surplus to capital of $97,100 (net), we find no basis for differentiating the determination of franchise tax liability at which the Tax Commission arrived from that which we sustained in Matter of Garvey Carting & Stor. v. State Tax Comm. (27 A D 2d 337). Determination confirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Bluebook (online)

27 A.D.2d 960, 279 N.Y.S.2d 512, 1967 N.Y. App. Div. LEXIS 4363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boss-linco-lines-inc-v-state-tax-commission-nyappdiv-1967.