KING v. FRANCO

No. 46058.

653 S.W.2d 259 (1983)

Richard A. KING, Director of Revenue, State of Missouri, Appellant, v. Nicholas FRANCO and the Administrative Hearing Commission of Missouri, J. William Campbell, Commissioner, Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

June 7, 1983.


Attorney(s) appearing for the Case

Richard L. Wieler, Jefferson City, for appellant.

Nicholas Franco, pro se.


SMITH, Judge.

The Director of Revenue appeals from a decision of the Administrative Hearing Commission that the taxpayer, Franco, was entitled to a refund of use tax paid. We reverse.

The facts were stipulated. In March 1977, Franco executed a lease agreement with Allstate Leasing for rental of a Cadillac Seville. The rental agreement was executed in Maryland. In addition to his $311 monthly rental Franco agreed to pay Allstate $12 monthly for sales and use...

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