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DOTHAN PROGRESS v. STATE, DEPT. OF REVENUE

Civ. 5258.

507 So.2d 511 (1986)

The DOTHAN PROGRESS, et al. v. STATE of Alabama, DEPARTMENT OF REVENUE.

Court of Civil Appeals of Alabama.

Rehearing Denied March 26, 1986.

Attorney(s) appearing for the Case

Richard F. Allen of Capell, Howard, Knabe & Cobbs, Montgomery, for appellants.

Charles A. Graddick, Atty. Gen., B. Frank Loeb, Chief Counsel, and Charles E. Crumbley, Asst. Counsel, Revenue Dept., and Asst. Attys. Gen., for appellee.

Lloyd V. Crawford and Dennis R. Bailey of Rushton, Stakely, Johnston & Garrett, Montgomery, for amicus curiae Alabama Press Ass'n.

HOLMES, Judge.

This is an appeal of the assessment of sales tax against The Dothan Progress (Dothan) by the State of Alabama Department of Revenue (Department) under Ala. Code (1975), § 40-23-2 and the "withdrawal" provisions of Ala. Code (1975), § 40-23-1(a).

Following an evidentiary hearing before an administrative law judge, the Department entered a final assessment for sales tax against Dothan for the period September 1, 1980, to April 30, 1983...

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