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MATTER OF ATTEA v. TAX APPEALS TRIBUNAL

64 A.D.3d 909 (2009)

883 N.Y.S.2d 610

In the Matter of ELIAS H. ATTEA JR., Petitioner, v. TAX APPEALS TRIBUNAL et al., Respondents.

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

Decided July 9, 2009.

Mercure, J.P.

Petitioner, a federally licensed Indian trader and a resident of Tennessee, commenced this proceeding challenging a determination assessing additional personal income tax for 1992 and 1993 arising from his wholesale tobacco sales, allegedly made in New York. Petitioner is the owner and operator of JR Attea Wholesale, which engages in wholesale distribution of tobacco products to Native Americans living on Indian reservations. In 1992, he filed a nonresident...

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