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  5. 213 S.E.2d 759 (1975)
 

COM., ETC. v. PROGRESSIVE COMMUN. CLUB, ETC.

Record No. 740601.

213 S.E.2d 759 (1975)

215 Va. 732

COMMONWEALTH of Virginia, DEPARTMENT OF TAXATION v. The PROGRESSIVE COMMUNITY CLUB OF WASHINGTON COUNTY, VIRGINIA, INCORPORATED.

Supreme Court of Virginia.

April 28, 1975.

Attorney(s) appearing for the Case

Charles K. Trible, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on briefs), for appellant.

James P. Jones, Abingdon (Penn, Stuart & Eskridge, Abingdon, on brief), for appellee.

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

HARRISON, Justice.

The court below held that Code § 58-441.6(t) exempts the Progressive Community Club of Washington County, Virginia, Incorporated from the payment of sales taxes on tangible personal property purchased and used by it in connection with its child development headstart program. The Commonwealth appeals an order directing a refund of the amounts held to be erroneously assessed.

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