O'KELLEY-ECCLES CO. v. STATE

Docket No. 9306.

160 Cal.App.2d 60 (1958)

324 P.2d 683

O'KELLEY-ECCLES COMPANY (a Corporation), Appellant, v. THE STATE OF CALIFORNIA et al., Respondents.

Court of Appeals of California, Third District.

May 2, 1958.


Attorney(s) appearing for the Case

Hanna & Morton and James M. McRoberts for Appellant.

Edmund G. Brown, Attorney General, James E. Sabine and Irving H. Perluss, Assistant Attorneys General, and Edward P. Hollingshead, Deputy Attorney General, for Respondents.


VAN DYKE, P.J.

This is an appeal from a judgment denying recovery of taxes paid under protest. Appellant is a retailer within the meaning of the Sales and Use Tax Law and made retail sales in this state subject to sales taxes. It claimed that by virtue of its methods of doing business a part of its receipts which constituted charges for the delivery of items sold should be excluded from the computation of gross receipts from sales.

Appellant's methods of doing...

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