OLIN MATHIESON CHEMICAL CORPORATION v. JOHNSON

No. 17.

127 S.E.2d 262 (1962)

257 N.C. 666

OLIN MATHIESON CHEMICAL CORPORATION v. W. A. JOHNSON, Commissioner of Revenue of North Carolina.

Supreme Court of North Carolina.

September 19, 1962.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen., L. W. Pullen, for the State.

R. L. Coburn, Williamston, for plaintiff appellant.


PER CURIAM.

A taxpayer who challenges a sales tax coverage by virtue of an exemption or exclusion has the burden of showing that he comes within the exemption upon which he relies. Henderson v. Gill, Comr. of Revenue, 229 N.C. 313, 49 S.E.2d 754. Exemptions from taxes must be strictly construed in favor of the taxing power. McCanless Motor Co. v. Maxwell, Comr. of Revenue, 210 N.C. 725, 188 S.E. 389. The law imposing the sales and use tax does not define insecticides...

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