N.Y. court to decide if nude dance is tax-exempt art

By MICHAEL VIRTANEN

First Published Sep 05 2012 12:34 pm • Last Updated Sep 05 2012 04:06 pm

Albany, N.Y. • The lawyer for a suburban Albany, N.Y., strip club says it may not be the Bolshoi Ballet, but its lap dances are entitled to the same tax exemption that other artistic performances enjoy.

W. Andrew McCullough made that argument Wednesday in front of New York state’s highest court, in what may be one of the racier tax cases it has ever heard.

He said the club, called Nite Moves, should qualify for the exemption that covers "dramatic or musical arts performances."

An attorney for the state said the club failed to make its case. The state is demanding an estimated $300,000 in back taxes.

A ruling is expected next month.

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