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New York court to decide if nude dance is tax-exempt art

8:50 AM, Sep 5, 2012   |    comments
Getty file image. (Photo credit should read MENAHEM KAHANA/AFP/Getty Images)
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By Michael Virtanen, Associated Press

ALBANY, N.Y. (AP) -- New York's highest court will consider legal arguments by a strip club on whether nude dancing is an art and deserves a state tax exemption as such.

The case involves Nite Moves, an adult entertainment club in suburban Albany. The club is contesting a tax bill of more than $124,000. The court is scheduled to hear arguments Wednesday.

State officials say the club paid sales taxes on its non-alcoholic drinks, but also owes taxes on admission charges and on so-called "couch sales," where patrons pay for private or lap dances.

Nite Moves is claiming an exemption as a "live dramatic or musical arts performance" under state law. A state tax tribunal and a mid-level court say the club didn't present sufficient proof that it qualifies for the exemption.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press

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