PARK-N-SHOP, INC. v. CLAYTON

No. 274.

141 S.E.2d 294 (1965)

264 N.C. 218

PARK-N-SHOP, INC., a corporation, v. I. L. CLAYTON, Acting Commissioner of Revenue for the State of North Carolina.

Supreme Court of North Carolina.

April 7, 1965.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Charles D. Barham, Jr., for defendant appellee.

Moore & Van Allen by William K. Van Allen and John T. Allred, Charlotte, for plaintiff appellant.


RODMAN, Justice.

The facts stipulated summarily stated are: Plaintiff has, since October 1956, conducted a retail mercantile business in Charlotte. Many of the articles sold by it were exempt from the tax levied pursuant to Art. 5, c. 105 of the General Statutes. (See G.S. 1943 ed., 105-169 and c. 1340, S.L.1957.) Because of the large number of articles exempt from taxation, plaintiff, prior to July 1961, used the "purchase invoice method" to measure its sales tax...

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