STATE v. IOWA DIST. COURT FOR LYON COUNTY

No. 83-545.

348 N.W.2d 221 (1984)

STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR LYON COUNTY, Defendant.

Supreme Court of Iowa.

May 16, 1984.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Roxann M. Ryan and Douglas F. Staskal, Asst. Attys. Gen., for plaintiff.

Randy L. Waagmeester, County Atty., for defendant.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN, and LARSON, JJ.


UHLENHOPP, Justice.

In this case the State challenges the legality of an award of attorney fees against it for the defense of criminal cases.

Division IV of chapter 422 of the Iowa Code of 1981 relates to the retail sales tax. Section 422.58(5) of that division provides:

A person required to pay a tax, or to make, sign, or file a return or supplemental return, who willfully makes a false or fraudulent return, or willfully fails to pay at least ninety...

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