HARDER'S EXPRESS v. TAX COMM


93 Misc.2d 449 (1978)

Harder's Express, Inc., Petitioner, v. State Tax Commission, Respondent.

Supreme Court, Special Term, Albany County.

January 31, 1978


Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (Jeremiah F. Manning of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Peter Crotty of counsel), for respondent.


GEORGE L. COBB, J.

In this CPLR article 78 proceeding, the petitioner, a common carrier of goods, challenges the respondent's determination that it must pay the tax imposed by section 471 of the Tax Law upon certain cigarettes which were stolen, while such were in its possession.

On December 14, 1973, R. J. Reynolds Tobacco Company at Albany, New York, delivered a quantity of untaxed cigarettes to petitioner...

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