Hotel Denied Sales Tax Refund

Hotel claimed tax credit for purchases of continental breakfasts provided to guests. The Washington Square Hotel LLC, located at 103 Waverly Place, Manhattan, purchased continental breakfasts from Café C–III, a vendor located on the hotel’s premises, and provided the continental breakfasts to guests. The hotel did not charge their guests separately for breakfasts, nor did the hotel give guests an option to decline breakfasts in return for a lower rate for a hotel room.