PHILLIPS v. COMPTROLLER

[No. 139, September Term, 1960.]

224 Md. 350 (1961)

167 A.2d 913

PHILLIPS ET AL., ETC. v. COMPTROLLER OF THE TREASURY, RETAIL SALES TAX DIVISION

Court of Appeals of Maryland.

Decided February 20, 1961.


Attorney(s) appearing for the Case

John G. Wharton, with whom were Nicholas G. Penniman, III, and Barton, Wilmer, Bramble & Penniman on the brief, for the appellants.

William J. McCarthy, Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, and Edward P. Engelbert, Chief, Sales Tax Division, Office of Comptroller of the Treasury, on the brief, for the appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and MARBURY, JJ.


PRESCOTT, J., delivered the opinion of the Court.

The Baltimore City Court affirmed a decision of the Comptroller denying the appellant's claim for a refund of certain retail sales taxes, and the claimant has appealed.

The case is submitted on an agreed statement of facts, which is as follows:

"Appellant is engaged in the business of selling International Harvester equipment in the Maryland and Virginia area. The sales involved in this case were made...

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