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WEBSTER BRICK CO. v. DEPARTMENT OF TAXATION

Record No. 770280.

245 S.E.2d 252 (1978)

WEBSTER BRICK COMPANY, INC. v. DEPARTMENT OF TAXATION, Commonwealth of Virginia.

Supreme Court of Virginia.

June 9, 1978.

Attorney(s) appearing for the Case

Charles D. Fox, Jr., Roanoke (Hunter, Fox & Wooten, Roanoke, on brief), for plaintiff in error.

Norman K. Marshall, Asst. Atty. Gen., Richmond (Anthony F. Troy, Atty. Gen., Glenn R. Moore, Asst. Atty. Gen., on brief), for defendant in error.

Tri-County Independent Coal Operators Association, Inc. (Waller H. Horsley, R. Kenneth Wheeler, William L. S. Rowe, Hunton & Williams, Richmond, on brief), amicus curiae, for plaintiff in error.

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

COCHRAN, Justice.

After an audit the Department of Taxation of the Commonwealth assessed and demanded from the taxpayer, Webster Brick Company, Inc., the sum of $13,255.14 for certain delinquent sales and use taxes, with penalty and interest, allegedly payable to the Commonwealth. Webster paid this amount under protest and timely filed its application in the court below under the provisions of Code § 58-1130 for correction...

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