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STATE BD. OF TAX COM'RS v. KEY MOTORS CORP.

No. 1-1279A355.

404 N.E.2d 52 (1980)

STATE Board of Tax Commissioners of the State of Indiana, Carleton S. Phillipi, Durwood S. Strang, Taylor I. Morris, Jr., As Members Thereof, Appellant (Defendant below), and Robert Dorsey, Assessor of Pigeon Township, Vanderburgh County, Indiana, James L. Angermeier, Assessor of Vanderburgh County, Indiana, Curt John, Auditor of Vanderburgh County, Indiana, Lewis F. Volpe, Treasurer of Vanderburgh County, Indiana, County Board of Review of Vanderburgh County, Indiana, James L. Angermeier, Curt John, Lewis F. Volpe, Robert F. Martin, Byron Hubbard, As Members Thereof (Defendants below), v. KEY MOTORS CORP., Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied June 19, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., David C. Weigel, Asst. Atty. Gen., Indianapolis, for appellant.

Harry P. Dees, Alan N. Shovers, Patrick A. Shoulders, Evansville, for appellee; Kahn, Dees, Donovan & Kahn, Evansville, of counsel.

ROBERTSON, Presiding Judge.

The State Board of Tax Commissioners (State) brings this appeal from an adverse decision in a declaratory judgment action brought by Key Motors Corporation (Taxpayer). The Taxpayer sought a declaratory judgment that it was not liable for personal property tax on motor vehicles in its inventory held for sale in the ordinary course of its business. The trial court agreed with the Taxpayer's assertions in extensive findings of fact and conclusions...

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