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STATE v. DEES

Civ. 602.

333 So.2d 818 (1976)

STATE of Alabama v. Morris S. DEES, Jr., d/b/a M & M Enterprises.

Court of Civil Appeals of Alabama.

Rehearing Denied May 5, 1976.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., William H. Burton, Acting Chief Counsel, Dept. of Revenue and Asst. Atty. Gen., and Herbert I. Burson, Jr., Asst. Counsel, Dept. of Revenue and Asst. Atty. Gen., for the State.

J. Doyle Fuller, Montgomery, for appellee.

WRIGHT, Presiding Judge.

The State appeals from an order of the Montgomery County Circuit Court holding void a $1,660.12 assessment against taxpayer for use tax. Affirmed.

The State contends taxpayer owes use tax on an airplane purchased for $95,000.00 in Montgomery, in 1969. Taxpayer posted a notice at the Montgomery airport that he desired to purchase a plane. He was subsequently contacted by a representative of Jack Adams Aircraft Sales, Inc., of Walls...

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