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MATTER OF DONG MING LI v. COMMISSIONER OF TAXATION AND FINANCE

65 A.D.3d 763 (2009)

883 N.Y.S.2d 735

In the Matter of DONG MING LI et al., Petitioners, v. COMMISSIONER OF TAXATION AND FINANCE et al., Respondents.

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

Decided August 13, 2009.

Kane, J.

Petitioners were corporate officers of Yan's Chinese Buffet, Inc., which operated a restaurant. The Division of Taxation audited the corporation and determined that it underreported and underpaid its sales tax by $75,411 during several quarters between 1995 and 1997. Each petitioner pleaded guilty to one count of petit larceny in satisfaction of charges stemming from the corporation's failure to pay sales tax. As...

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