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STATE DEPT. OF REVENUE v. McLEMORE

Civ. 6544.

540 So.2d 754 (1988)

STATE DEPARTMENT OF REVENUE v. William H. McLEMORE and Ruth C. McLemore.

Court of Civil Appeals of Alabama.

Rehearing Denied January 4, 1989.

Certiorari Denied March 24, 1989.

Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., and B. Frank Loeb, Chief Counsel, and Mark D. Griffin, Asst. Counsel, Dept. of Revenue, and Asst. Attys. Gen., for appellant.

Richard C. Belser and Scott R. Talkington of Robison & Belser, Montgomery, for appellee.

Alabama Supreme Court 88-467.

INGRAM, Judge.

This case arises from a final income tax assessment issued by the administrative law division of the State Department of Revenue in 1987 against William H. McLemore and Ruth C. McLemore (taxpayers) for the tax year 1984. The taxpayers timely filed an appeal of the final assessment in the Montgomery County Circuit Court, alleging that the assessment was contrary to the "step-up" basis provisions contained in Ala...

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