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2008-2 N.Y. Tax Cas. J-1 (2008)

handle is hein.nytax/nytcas0061 and id is 1 raw text is: 2008 New York Tax Cases J-I STATE OF NEW YORK DIVISION OF TAX APPEALS In the Matter of the Petition of HUNTINGTON HILLS WINE & SPIRITS CORPORATION for Revision of a Determination or for Refund of Sales and Use Taxes under Articles 28 and 29 of the Tax Law for the Period September 1, 2000 through November 30, 2003. : DETERMINATION DTA NOS. 820995 AND 821049 In the Matter of the Petition of CHRISTIAN PIMPINELLA for Revision of a Determination or for Refund of Sales and Use Taxes under Articles 28 and 29 of the Tax Law for the Period March 1, 2001 through November 30, 2003. Petitioner Huntington Hills Wine & Spirits Corporation filed a petition for revision of a determination or for refund of sales and use taxes under Articles 28 and 29 of the Tax Law for the period September 1, 2000 through November 30, 2003. Petitioner Christian Pimpinella filed a petition for revision of a determination or for refund of sales and use taxes under Articles 28 and 29 of the Tax Law for the period March 1, 2001 through November 30, 2003. On January 12, 2007 and January 30, 2007, respectively, petitioners, by their representative, Cathy Pimpinella, and the Division of Taxation by Daniel Smirlock, Esq. (Michael B. Infantino, Esq., of counsel) consented to have this controversy determined upon a stipulation of facts and the submission of documents without hearing. All briefs were to be submitted by July 6, 2007, which date began the six-month period for the issuance of this determination. After due consideration of the entire record, Thomas C. Sacca, Administrative Law Judge, renders the following determination.

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