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COMMONWEALTH v. CROSS

83 S.E.2d 722 (1954)

196 Va. 375

COMMONWEALTH of Virginia v. W. E. CROSS, Trading as Virginia Tours.

Supreme Court of Appeals of Virginia.

October 11, 1954.

Attorney(s) appearing for the Case

J. Lindsay Almond, Jr., Atty. Gen, Frederick T. Gray, Asst. Atty. Gen, for appellant.

Tucker, Mays, Cabell & Moore, Henry T. Wickham, Charles L. Reed, Richmond, for appellee.

Before EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.

SMITH, Justice.

This is an appeal of right by the Commonwealth from an order of the State Corporation Commission which granted W. E. Cross, trading as Virginia Tours, a refund of $350.98, the amount overpaid on his 1952 gross receipts road tax assessed under Code, § 58-638.1 The sole question presented is whether the application for refund was filed "within one year from the date of the...

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