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YES DEAR, INC. v. DEPARTMENT OF REVENUE

No. BP-144.

523 So.2d 1235 (1988)

YES DEAR, INC., and Lawrence R. Miller, Appellants, v. DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 20, 1988.

Attorney(s) appearing for the Case

Robert S. Goldman, of Messer, Vickers, Caparello, French & Madsen, Tallahassee, for appellants.

Stephen J. Keller, Asst. Gen. Counsel, Dept. of Revenue, Robert A. Butterworth, Atty. Gen., and Edwin A. Bayo, Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

Appellants Yes Dear and Miller appeal an order of the Department of Revenue (Department) upholding a proposed assessment of a use tax, penalty, and interest against them. They contend the assessment of the use tax and 100 percent penalty under section 212.05(1)(a)2, Florida Statutes, was unlawful, and further, that simultaneous imposition of an additional 25 percent penalty pursuant to section 212.12(2) was...

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