Appellate Division of the Supreme Court of New York, 1967

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

Boss-Linco Lines, Inc. v. State Tax Commission
Appellate Division of the Supreme Court of New York · Decided April 25, 1967
27 A.D.2d 960; 279 N.Y.S.2d 512; 1967 N.Y. App. Div. LEXIS 4363
Boss-Linco Lines, Inc. v. State Tax Commission

Opinion of the Court

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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