STATE v. ALLIED PAPER INC.

SC 1441.

325 So.2d 176 (1976)

In re STATE of Alabama v. ALLIED PAPER INCORPORATED, a corporation. Ex parte State of Alabama

Supreme Court of Alabama.

January 2, 1976.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and William H. Burton, Asst. Atty. Gen., for the State.

Joseph H. Johnson, Jr., Birmingham, for Allied Paper Inc.


MADDOX, Justice.

Writ denied.

HEFLIN, C.J., and MERRILL, BLOODWORTH, SHORES and EMBRY, JJ., concur.

FAULKNER, JONES and ALMON, JJ., dissent.

JONES, Justice (dissenting):

I would grant the writ. Courts, in their interpretation of taxing authority, tend to be taxpayer oriented. This is more than personal philosophy; it is indeed a rule of law. But it is also a well-established principle that the law looks to substance rather than form...

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