WHITE v. STORER CABLE COMMUNICATIONS, INC.

Civ. 5635.

507 So.2d 964 (1987)

James C. WHITE, Sr., as Commissioner of the Alabama Department of Revenue; and Alabama Department of Revenue v. STORER CABLE COMMUNICATIONS, INC., a Delaware Corporation.

Court of Civil Appeals of Alabama.

April 22, 1987.


Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., and B. Frank Loeb and J. Wade Hope, Asst. Attys. Gen., for appellant.

Rufus M. King and James H. McLemore of Capell, Howard, Knabe & Cobbs, Montgomery, for appellee.


INGRAM, Judge.

The trial court found that cable television "converters" are not subject to state rental tax, and that the taxpayer was therefore due a refund for the tax paid on those items. The Alabama Department of Revenue (Department) appeals.

On May 22, 1985, Storer Cable Communications, Inc. (Storer), filed a petition for refund with the Department for rental taxes paid in response to an audit conducted in 1985 for the period March 1, 1981, through December...

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