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Matter of Skaggs-Walsh, Inc. v. St. Tax Comm

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1986
120 A.D.2d 786 (N.Y. App. Div. 1986)

Opinion

May 1, 1986

Appeal from the Supreme Court, Albany County.


The instant proceedings all involve the bulk sale of fuel oil distribution and service businesses. In this context, the common issue concerns respondent's conclusion that the sales of customer lists were taxable as the sale of information under Tax Law § 1105 (c) (1).

This court has specifically held that the sale of a customer list, such as the ones involved here, was taxable under Tax Law § 1105 (c) (1) as the sale of information (Matter of Long Is. Reliable Corp. v Tax Commn., 72 A.D.2d 826, lv denied 49 N.Y.2d 707). Contrary to petitioners' assertion, such statement by this court was not purely dictum and, accordingly, controls here. In so holding, we have reviewed petitioners' remaining arguments and find no reason to depart from our prior holding. Consequently, we are unable to find respondent's determinations irrational and we thus confirm the determinations.

Determinations confirmed, and petitions dismissed, without costs. Kane, J.P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

Matter of Skaggs-Walsh, Inc. v. St. Tax Comm

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1986
120 A.D.2d 786 (N.Y. App. Div. 1986)
Case details for

Matter of Skaggs-Walsh, Inc. v. St. Tax Comm

Case Details

Full title:In the Matter of SKAGGS-WALSH, INC., Petitioner, v. STATE TAX COMMISSION…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1986

Citations

120 A.D.2d 786 (N.Y. App. Div. 1986)

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