State tax officials say the club owes an 8% sales tax for admissions to the club and for so-called couch sales, where patrons pay for private lap dances, the Associated Press reports.
Nite Moves claims the dances are exempt under state tax law as live dramatic or musical arts performances, which applies to theater and ballet, the AP reports.
New York Attorney General Eric Schneiderman's office argues in its briefs that some Nite Moves performers have no dance training and simple pick it up by watching. Such a dancer isn't engaged in a genuine choreographic dance performance when she removes her clothing, the brief says.
But Stephen Dick, the club's CFO, dismisses the notion that formal training should be any critera when its comes to entertainment.
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