ALBANY, N.Y. (AP) -- Sprint-Nextel Corp. has asked a state judge to dismiss New York Attorney General Eric Schneiderman's lawsuit over $100 million in allegedly unpaid sales taxes, saying he has failed to present any facts sufficient to justify the claim.
Sprint says the complaint is without merit and it has collected and paid every penny of New York taxes its customers owe.
It has about 1.8 million wireless customers in New York.
The attorney general's office says the state's tax law requires mobile phone companies to collect and pay sales taxes on the full amount of monthly access fees for calling plans, and that Sprint has withheld about 25 percent since 2005 based on an in-house theory it doesn't owe them on the interstate portion of service.
The state is seeking treble damages.
