ORLEANS PARISH SCHOOL BD. v. McNAMARA

No. CA 87 0983.

532 So.2d 512 (1988)

ORLEANS PARISH SCHOOL BOARD v. Shirley McNAMARA, Secretary, Department of Revenue and Taxation, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Writ Denied January 6, 1989.


Attorney(s) appearing for the Case

Samuel I. Rosenberg, New Orleans, for plaintiff-appellee Orleans Parish School Bd.

John F. Ward, Baton Rouge, for intervenor-appellee Louisiana School Bd. Ass'n.

Marlon V. Harrison, Baton Rouge, for defendant-appellant Shirley McNamara, Secretary, Dept. of Revenue and Taxation, State of La.

James C. Percy, Baton Rouge, for intervenor-appellee Louisiana Mun. Ass'n.

Before EDWARDS, SHORTESS and SAVOIE, JJ.


EDWARDS, Judge.

Defendant appeals from a trial court decision in favor of plaintiff, holding that plaintiff and other school boards are exempt from paying to defendant, a 1% sales tax on the items plaintiff purchases or consumes.

There is presently a 4% state-wide sales tax on all items purchased or consumed in Louisiana. The history of the 4% state sales tax is as follows:

a. 2% State sales tax enacted in 1962 as per LSA-R.S. 47:302;

b. 1...

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