From Casetext: Smarter Legal Research

Outdoor Amusement Business Ass'n v. State Tax Comm

Court of Appeals of the State of New York
Oct 5, 1982
441 N.E.2d 1104 (N.Y. 1982)

Summary

In Outdoor Amusement Business Ass'n. v. State Tax Commission, 57 N.Y.2d 790, 455 N.Y.S.2d 586, 441 N.E.2d 1104 (1982), another decision discussed in Mariner's Landing, the New York Court of Appeals held, under § 1105(f)(1) of the New York Tax Law, that charges imposed for carnival games conducted in booths, stalls, and trailers were not admission charges, but were charges paid in order to participate in the games and have a chance of winning a prize.

Summary of this case from Seventeen Thirty Corp. v. Dir. of Tax

Opinion

Argued August 30, 1982

Decided October 5, 1982

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, NORMAN A. STILLER, J.

Whitney W. Mallam and Richard N. Kirchgraber for appellants.

Robert Abrams, Attorney-General ( Francis V. Dow and Peter H. Schiff of counsel), for respondents.



Order reversed, with costs, and judgment of Supreme Court, Erie County, reinstated for the reasons stated in the dissenting memorandum of Justice STEWART F. HANCOCK, JR., at the Appellate Division ( 84 A.D.2d 950, 952).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.


Summaries of

Outdoor Amusement Business Ass'n v. State Tax Comm

Court of Appeals of the State of New York
Oct 5, 1982
441 N.E.2d 1104 (N.Y. 1982)

In Outdoor Amusement Business Ass'n. v. State Tax Commission, 57 N.Y.2d 790, 455 N.Y.S.2d 586, 441 N.E.2d 1104 (1982), another decision discussed in Mariner's Landing, the New York Court of Appeals held, under § 1105(f)(1) of the New York Tax Law, that charges imposed for carnival games conducted in booths, stalls, and trailers were not admission charges, but were charges paid in order to participate in the games and have a chance of winning a prize.

Summary of this case from Seventeen Thirty Corp. v. Dir. of Tax
Case details for

Outdoor Amusement Business Ass'n v. State Tax Comm

Case Details

Full title:OUTDOOR AMUSEMENT BUSINESS ASSOCIATION et al., Appellants, v. STATE TAX…

Court:Court of Appeals of the State of New York

Date published: Oct 5, 1982

Citations

441 N.E.2d 1104 (N.Y. 1982)
441 N.E.2d 1104
455 N.Y.S.2d 586

Citing Cases

Seventeen Thirty Corp. v. Dir. of Tax

Bathrick, supra 269 N.Y.S.2d at 308. In Outdoor Amusement Business Ass'n. v. State Tax Commission, 57 N.Y.2d…

Fairland Amusements, Inc. v. State Tax Comm

The term "place of amusement" is defined by Tax Law § 1101 (d) (10) as "[a]ny place where any facilities for…