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STAN MUSIAL & BIGGIE'S, INC. v. STATE, DEPT. OF REV.

No. II-391.

363 So.2d 375 (1978)

STAN MUSIAL & BIGGIE'S, INC., Petitioner, v. STATE of Florida, DEPARTMENT OF REVENUE, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied November 8, 1978.

Attorney(s) appearing for the Case

Julius F. Parker, Jr., and Susan Potter Whisenand, of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for petitioner.

Robert L. Shevin, Atty. Gen., Patricia S. Turner, Asst. Atty. Gen., John D. Moriarty, Tallahassee, for respondent.

MILLS, Judge.

Stan Musial & Biggies, Inc. (SM & B) seeks review of a final order of the Department of Revenue (Department) upholding a deficiency assessment of corporate income taxes alleged to be due the State from SM & B for the calendar year 1972.

SM & B contends that the apportionment formula set forth in Section 214.17, Florida Statutes (1971), and applied by the Department in arriving at the deficiency assessment was not applicable to...

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