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EX PARTE KLINGLER

81-802, 81-803.

438 So.2d 307 (1983)

Ex Parte: H.H. KLINGLER, Jr. (Re Ex Parte: Harold H. KLINGLER, Jr.) (Re Ralph P. EAGERTON, Jr., etc. v. Harold H. KLINGLER, Jr., etc.) Ex Parte: Ralph P. EAGERTON, Jr., etc. (Re Ex Parte: Harold H. KLINGLER, Jr.) (Re Ralph P. EAGERTON, Jr., etc. v. Harold H. KLINGLER, Jr., etc.

Supreme Court of Alabama.

Rehearing Denied July 8, 1983.

Attorney(s) appearing for the Case

Harold H. Klingler, Jr., pro se.

Charles A. Graddick, Atty. Gen. and Herbert I. Burson, Jr., Chief Counsel, Bill Thompson and B. Frank Loeb, Asst. Counsel, Dept. of Revenue, and Asst. Attys. Gen., for petitioner in 81-803 and for respondent in 81-802.

BEATTY, Justice.

These cross petitions for certiorari concern the scope of the Department of Revenue's authority under Code of 1975, § 40-2-11(8), to seek information from individuals regarding their potential sales tax liability. We reverse on the Department of Revenue's petition, concluding that the Court of Civil Appeals erred in requiring the Department of Revenue to first prove that respondent Klingler is engaged in a business for which he must collect and...

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