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FiveStarLaw
FiveStarLaw, Attorney
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I am trying to understand a brief that I am reading. Can you

Resolved Question:

I am trying to understand a brief that I am reading. Can you help me?
Submitted: 1 year ago.
Category: Legal
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Good Morning,

I may be able to assist you. Would you explain the brief and how I can assist?
Customer: replied 1 year ago.

http://www.nycourts.gov/ctapps/Decisions/2012/Oct12/157mem12.pdf


 


Legal Issues and Ethics


 


Brief 2


 


No. 157


In the Matter of 677 New Loudon Corporation, &c.,


Appellant,


v. State of New York Tax Appeals


Tribunal et al., Respondents.


 


An an adult "juice bar" operator's claim that the admission charges and private dance performance fees it collects from patrons are exempt from state sales and use taxes, the decision of the Appellate Division is affirmed where: 1) the Appellate Division properly concluded that the activities conducted in the private rooms failed to qualify for the exemption, as the petitioner failed to meet its burden of proof that a tax exemption applies to those charges; and 2) it was not arbitrary, capricious or an error of law for the Tax Appeals Tribunal to find that petitioner failed to meet the same burden as it pertained to the admission charges for the stage performances.


 


Who is suing who?


 


What is the issue?


 


Facts:


 


Defendant :


 


Why are they there?


 


Judges decision

Expert:  FiveStarLaw replied 1 year ago.
Hi Marta,

Are you referring to this ruling? - http://www.law.cornell.edu/nyctap/I03_0142.htm
Customer: replied 1 year ago.

No, http://www.nycourts.gov/ctapps/Decisions/2012/Oct12/157mem12.pdf


 


 


Who is suing who?


 


 


 


What is the issue?


 


 


 


Facts:


 


 


 


Defendant :


 


 


 


Why are they there?


 


 


 


Judges decision

Customer: replied 1 year ago.

Can you help me?

Expert:  FiveStarLaw replied 1 year ago.
Hi Marta,

Yes – I can assist you. Please give me about 30 min. to review the memorandum and respond
Customer: replied 1 year ago.

Can you also explain how the qualification for exempt status works.


 


Thanks


 

Customer: replied 1 year ago.

Are you still there?

Expert:  FiveStarLaw replied 1 year ago.
Yes. I need to read the memorandum .
Expert:  FiveStarLaw replied 1 year ago.
Here is my response to your specific questions:

Who is suing who?
677 New Loudon Corporation filed the original action with the State of New York Tax Appeals Tribunal and is now appealing that decision

What is the issue?
Whether a sales tax exemption applies to admission charges and private dance performance fees in an adult juice bar in Latham, New York specifically under Tax Law § 1105

Facts:
Petitioner, operates an adult "juice bar" in Latham, New York and contends that the admission charges and private dance performance fees that it collects from patrons are exempt from state sales and use taxes. The Appellate Division ruled that the petitioner failed to meet its burden of proof that a tax exemption applies to those charges.

Defendant :
The State of New York

Why are they there?
The petitioner did not pay sales tax


Judges decision
the charges and fees were taxable under Tax Law § 1105 (f) (1)


Can you also explain how the qualification for exempt status works.
can you be more specific – do you want to know what paperwork needs to be filed or what the qualifications are
Expert:  FiveStarLaw replied 1 year ago.


Can you also explain how the qualification for exempt status works.
can you be more specific – do you want to know what paperwork needs to be filed or what the qualifications are
Customer: replied 1 year ago.

I need to know what the qualifications are and how the "private dancing and services think that they qualifyand what paperwork needs to be filed.

Expert:  FiveStarLaw replied 1 year ago.

Hi Marta,

The petitioner, 677 New Loudon Corporation, attempted to qualify under the Tax Law § 1105 [f] [1])exemption regarding "dramatic or musical arts performances". The petitioner claimed that exotic stage and couch dances qualified as musical arts performances. The court found that in order for the petitioner to prevail, the petitioner had the burden to prove that the fees collected were dance routines qualifying as choreographed performances.

The form to apply for the exemption is ST-121.9 and may be viewed at this link:
http://www.tax.ny.gov/pdf/current_forms/st/st121_9_fill_in.pdf

If you would take a moment to click the rating tab to rate my service, I would appreciate it. My goal is EXCELLENT and I hope your rating reflects that. I would be happy to answer any related follow-up questions at no additional charge after you have rated my service
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36604
Experience: 25 years of experience helping people like you.
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