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COMMONWEALTH v. COMMUNITY MOTOR BUS CO., INC.

198 S.E.2d 619 (1973)

COMMONWEALTH of Virginia v. COMMUNITY MOTOR BUS COMPANY, INCORPORATED.

Supreme Court of Virginia.

August 30, 1973.

Attorney(s) appearing for the Case

Charles K. Trible, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for plaintiff in error.

J. Stanley Livesay, Jr., Portsmouth (Babb, Oast & Livesay, Portsmouth, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

I'ANSON, Justice.

This appeal involves the question whether the Community Motor Bus Company, Incorporated, a Virginia corporation, is exempt under the provisions of § 58-441.6, subsection (h), Code of 1950, 1969 Repl. Vol., from the payment of sales and use taxes assessed against it by the Department of Taxation on certain tangible personal property purchased and used by the bus company.

The bus company filed a petition for exoneration of the payment...

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