GREGORY POOLE EQUIPMENT CO. v. COBLE

No. 16.

252 S.E.2d 729 (1979)

297 N.C. 19

GREGORY POOLE EQUIPMENT COMPANY, INC. v. J. Howard COBLE, Secretary of Revenue, State of North Carolina.

Supreme Court of North Carolina.

March 16, 1979.


Attorney(s) appearing for the Case

Poyner, Geraghty, Hartsfield & Townsend, by Thomas L. Norris, Jr. and Curtis A. Twiddy, Raleigh, for plaintiff appellant.

Rufus L. Edmisten, Atty. Gen., by Myron C. Banks, Special Deputy Atty. Gen., and Marilyn Y. Rich, Associate Atty. Gen., Raleigh, for defendant appellee.


EXUM, Justice.

The single question presented by this appeal is whether a retailer doing business in a county that imposes the 1% local government sales tax must collect that tax when it sells and delivers within that county used tangible personal property previously accepted in trade as part payment on the sales price of new property that was delivered outside the county. We hold that the transaction is subject to the tax and the retailer must collect it.

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