APPALACHIAN ELECTRIC POWER CO. v. KOONTZ

C. C. No. 798.

76 S.E.2d 863 (1953)

APPALACHIAN ELECTRIC POWER CO. v. KOONTZ, State Tax Com'r.

Supreme Court of Appeals of West Virginia.

Decided March 17, 1953.

Dissenting Opinion July 30, 1953.


Attorney(s) appearing for the Case

Campbell, McClintic, James & Wise, Charleston, Ernest K. James and E. Glenn Robinson, Charleston, for plaintiff.

John G. Fox, Atty. Gen., Joseph E. Hodgson, Asst. Atty. Gen., and George W. Stokes, Asst. Atty. Gen., for defendant.


GIVEN, Judge.

Plaintiff, Appalachian Electric Power Company, an electric public service corporation, instituted its declaratory judgment proceeding in the Circuit Court of Kanawha County, for the purpose of having determined its liability as to a deficiency business and occupation tax assessment, covering the years 1945, 1946, 1947, 1948 and 1949, made by the state tax commissioner, as the result of an audit of the accounts...

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