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MATTER OF McCALL CORP. v. JOSEPH

284 A.D. 484 (1954)

In the Matter of McCall Corporation, Petitioner, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1954.

Attorney(s) appearing for the Case

J. Bay Robinson of counsel (Robert E. Coulson and Ansley Kime with him on the brief; Whitman, Ransom & Coulson, attorneys), for petitioner.

Morris L. Heath of counsel (Stanley Buchsbaum with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for respondent.

DORE, J. P., COHN, CALLAHAN and BASTOW, JJ., concur.

BOTEIN, J.

This is a proceeding under article 78 of the Civil Practice Act for a review of a determination of the respondent, comptroller of the City of New York, in which he assessed petitioner with gross receipts taxes on advertising revenue for three annual periods beginning July 1, 1940, and ending June 30, 1943.

Petitioner is a Delaware corporation that publishes several magazines enjoying a national...

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