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SUGGS MUSIC CO., INC. v. STATE, ETC.

Civ. 1529.

365 So.2d 977 (1978)

SUGGS MUSIC COMPANY, INC., a corporation v. STATE of Alabama, DEPARTMENT OF REVENUE.

Court of Civil Appeals of Alabama.

Rehearing Denied November 29, 1978.

Attorney(s) appearing for the Case

Virgil K. Sandefer, Birmingham, Daniel E. Morris, Anniston, for appellant.

William J. Baxley, Atty. Gen. of Ala., and Herbert I. Burson, Jr., Chief Counsel Dept. of Revenue and Asst. Atty. Gen., Ron J. Bowden, Asst. Counsel Dept. of Revenue and Asst. Atty. Gen., John J. Breckenridge, Asst. Counsel Dept. of Revenue and Asst. Atty. Gen., for appellee.

WRIGHT, Presiding Judge.

The taxpayer-plaintiff in the suit below, Suggs Music Company, Inc., is engaged in the vending machine business. During the years 1970-1974, Suggs purchased a number of used machines. Some of these machines were used as temporary replacements for machines on location, and some were stripped for spare parts. These surplus machines were stored in a warehouse, and licenses were not purchased for them.

Suggs testified that he was in the...

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