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EX PARTE MORRISON FOOD SERVICE OF ALABAMA

84-1313.

497 So.2d 136 (1986)

Ex parte MORRISON FOOD SERVICE OF ALABAMA, INC. (Re MORRISON FOOD SERVICE OF ALABAMA, INC. v. STATE of Alabama).

Supreme Court of Alabama.

Rehearing Denied September 12, 1986.

Attorney(s) appearing for the Case

J.M. Druhan and D. Charles Holtz of Wilkins, Druhan & Ollinger, Mobile, and E.T. Brown, Jr., of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for petitioner.

Charles A. Graddick, Atty. Gen., and B. Frank Loeb, Chief Counsel, and John J. Breckenridge, Asst. Counsel, Dept. of Revenue, and Asst. Attys. Gen., for respondent.

MADDOX, Justice.

This is a sales tax case involving the "withdrawal for use" provision, Code 1975, § 40-23-1(a)(10). Pursuant to this section, Morrison Food Service of Alabama, Inc., was assessed a sales tax of $165,464.90 by the State of Alabama Department of Revenue based on Morrison's withdrawal of food from its inventory to fulfill its obligations under nine contracts with hospitals, nursing homes, and fraternities. Five of these contracts are with organizations...

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