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SMITH v. DEPARTMENT OF REVENUE

No. 79-198.

376 So.2d 421 (1979)

Arthur SMITH, D/B/a Sidney W. Smith & Sons, Appellant, v. DEPARTMENT OF REVENUE, State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 29, 1979.

Attorney(s) appearing for the Case

Kuvin, Klingensmith & Lewis and R. Fred Lewis, Miami, for appellant.

Jim Smith, Atty. Gen., and E. Wilson Crump, II, Asst. Atty. Gen., for appellee.

Before PEARSON and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The controlling question on this appeal is whether the sale of gold Krugerrands1 was properly held to be subject to the Florida sales tax.2 The question arose in the trial court when the appellant, Arthur Smith, d/b/a Sidney W. Smith & Sons, brought an action for declaratory relief against the Department of Revenue of the State of Florida. By his complaint, he sought a declaration that the sale...

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