Appellate Division of the Supreme Court of New York, 1938

Berwind-White Coal Mining Co. v. McGoldrick

Berwind-White Coal Mining Co. v. McGoldrick
Appellate Division of the Supreme Court of New York · Decided December 16, 1938
255 A.D. 961; 8 N.Y.S.2d 668; 1938 N.Y. App. Div. LEXIS 6044
Berwind-White Coal Mining Co. v. McGoldrick

Opinion of the Court

Determination of the comptroller that the petitioner The Berwind-White Coal Mining Company is liable for a sales tax deficiency unanimously annulled, with fifty dollars costs and disbursements to the petitioner, on the authority of Matter of National Cash Register Co. v Taylor (276 N. Y. 208); Matter of Compagnie Generate Transatlantique v. McGoldrick (279 id. 192). The comptroller is directed to make refund to petitioner of the tax and penalties paid, with interest thereon from the date of payment. Settle order on notice. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.

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