New York Court of Appeals

In the Matter of W. T. Grant Company, against Lazarus Joseph, as Comptroller of the City of New York

January 10, 19572 N.Y.2d 196

Summary

The Court of Appeals affirmed the Comptroller's deficiency assessment, holding that a vendor under the New York City sales tax law is liable for the tax that should have been collected from purchasers, not merely the amount actually collected or a flat percentage of receipts, and must keep records sufficient to determine that liability. Justice Desmond dissented, arguing that the vendor should only be liable for taxes actually collected.