MICHAEL J. MALOOF & CO v. BUREAU OF REVENUE

No. 8750.

458 P.2d 89 (1969)

80 N.M. 485

MICHAEL J. MALOOF & CO. et al., Plaintiffs-Appellants, v. BUREAU OF REVENUE of the State of New Mexico and Charles A. Brunacini, Commissioner of Revenue of the State of New Mexico, Defendants-Appellees.

Supreme Court of New Mexico.

August 11, 1969.


Attorney(s) appearing for the Case

Zinn & Donnell, Sante Fe, for plaintiffs-appellants.

James A. Maloney, Atty. Gen., Gary O. O'Dowd, Deputy Atty. Gen., Larry N. Smith, Asst. Atty. Gen., Sante Fe, for defendants-appellees.


OPINION

WATSON, Justice.

Prior to April 1, 1963, § 72-16-4.4, N.M.S.A. 1953, of the New Mexico Emergency School Tax required a tax of one-eighth of one per cent of the gross receipts of the business of every person engaged in the business of wholesale merchandising of any goods, wares, materials, and commodities, including the sale of alcohol and alcoholic liquors and beverages, and natural or artificial gas and electricity. After that date, because...

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