With this blog, we hope to keep you up to date on impactful changes in the sales tax compliance, especially in New York State. The All About Sales Tax blog is written by a team of Hodgson Russ tax attorneys and its primary author, Joe Endres. The blog will review legislative and administrative changes in the sales tax; we’ll discuss new sales tax case law; and highlight the enforcement initiatives and tactics we’re seeing while defending businesses in sales tax audits.

Sales Tax Cases from the TiNY Blog for September 18, 2024

Here are the sales tax cases from the TiNY Report for the week of September 18, 2024.

Determinations

Matter of Union Square Café II, LLC (Supervising ALJ Gardiner, September 5, 2024); Articles 28 and 29/DTA’s jurisdiction (Pete Calleri).

The petition in this matter was signed by an unqualified representative in violation of 20 NYCRR 3000.3(b)(7), and Petitioner failed to attach a copy of the statutory notice being protested as required by 20 NYCRR 3000.3(b)(8). The DTA made written requests that Petitioner remedy these errors, but Petitioner did not provide the information requested. Accordingly, the petition was dismissed.

Matter of Maltbie (Supervising ALJ Gardiner, September 5, 2004); Articles 28 and 29/DTA’s jurisdiction (Pete Calleri).

The petition in this matter was signed by an unqualified representative in violation of 20 NYCRR 3000.3(b)(7). The DTA made a written request that Petitioner remedy the error, but Petitioner did not sign the petition. Accordingly, the petition was dismissed.

Matter of Cimaglia (Supervising ALJ Gardiner, September 5, 2024); Articles 28 and 29/DTA’s jurisdiction (Pete Calleri).

The petition in this matter did not include a taxpayer identification number in violation of 20 NYCRR 3000.3(b)(10). The DTA made a written request that Petitioner remedy this error, but Petitioner did not provide the information requested. Accordingly, the petition was dismissed.

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