F. & M. SCHAEFER v. COMPTROLLER OF TREASURY

[No. 378, September Term, 1968.]

255 Md. 211 (1969)

257 A.2d 416

THE F. & M. SCHAEFER BREWING CO. v. COMPTROLLER OF THE TREASURY

Court of Appeals of Maryland.

Decided October 10, 1969.


Attorney(s) appearing for the Case

William A. Grimes for appellant.

Jon F. Oster, Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, FINAN and SMITH, JJ.


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

This is another skirmish in the continuing battle between taxpayers and taxing authorities. The questions here presented are (1) whether Code (1965 Repl. Vol.) Art. 81, § 333 requires a certificate of purchase for resale in order to qualify for the exclusion from tax afforded by Sec. 324 (f) (4) of Art. 81 for electricity used in manufacturing, and (2) whether the Comptroller's Rule 24 requiring a purchaser of electricity...

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