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MATTER OF PRIMA ASPHALT CONCRETE, INC. v. NEW YORK STATE TAX APPEALS TRIBUNAL

525082.

162 A.D.3d 1281 (2018)

79 N.Y.S.3d 696

2018 NY Slip Op 04411

In the Matter of Prima Asphalt Concrete, Inc., Petitioner, v. New York State Tax Appeals Tribunal et al., Respondents.

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

Decided June 14, 2018.

Petitioner manufactures and sells asphalt to customers who pick up the material at its facility. Generally, the asphalt is sold at a posted price and the amount sold is determined by weighing a customer's truck before and after the asphalt is loaded into the truck. A ticket is generated for the transaction, stating the customer's name...

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