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ARIZ. S. TAX COMM. v. SOUTHWEST KENWORTH, INC.

No. 1 CA-CIV 2996.

114 Ariz. 433 (1977)

561 P.2d 757

ARIZONA STATE TAX COMMISSION, a body corporate and politic, and John M. Hazelett, Waldo L. DeWitt and Bob Kennedy, as members constituting said Arizona Tax Commission and the State of Arizona, Appellants, v. SOUTHWEST KENWORTH, INC., an Arizona Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied February 18, 1977.

Review Denied March 22, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by James D. Winter, Asst. Atty. Gen., Phoenix, for appellants.

Jones, Teilborg, Sanders, Haga & Parks, P.C. by David L. Haga, Jr., Arnold, Schneider, Moore & Demaree by Joseph L. Moore, Phoenix, for appellee.

OPINION

WREN, Acting Presiding Judge.

This appeal concerns the applicability of the Transaction Privilege and Education Excise Tax, Title 42, Ch. 8, Art. 1, Arizona Revised Statutes, to the sale of certain off-highway vehicles by the appellee, Southwest Kenworth, Inc. (Kenworth). However, before reaching the merits of the tax question we must consider appellant's contention that the trial court erred in treating the verdict of the jury as advisory only.

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