APPEAL OF CLAYTON-MARCUS COMPANY, INC.

No. 105.

210 S.E.2d 199 (1974)

286 N.C. 215

Appeal of CLAYTON-MARCUS COMPANY, INC., from Administrative Decision 114 of Tax Review Board of North Carolina.

Supreme Court of North Carolina.

December 11, 1974.


Attorney(s) appearing for the Case

James H. Carson, Jr., Atty. Gen., and Myron C. Banks, Asst. Atty. Gen., Raleigh, for the North Carolina Department of Revenue, appellee.

Kenneth D. Thomas, Hickory, for appellant.

The North Carolina Schoonbeck Company, a Michigan corporation, Amicus Curiae by Hudson, Petree, Stockton, Stockton & Robinson, Winston-Salem.


LAKE, Justice.

G.S. § 105-164.6, in the part thereof pertinent to this appeal, provides:

"Imposition of tax.—An excise tax is hereby levied and imposed on the storage, use or consumption in this State of tangible personal property purchased within and without this State for storage, use or consumption in this State, the same to be collected and the amount to be determined by the application of the following rates against the sales price...

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