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HUNTINGTON PUB. CO. v. CARYL

No. 18482

377 S.E.2d 479 (1988)

HUNTINGTON PUBLISHING COMPANY, Appellee, v. Michael E. CARYL, Tax Commissioner, etc., Appellant.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 22, 1988.

Attorney(s) appearing for the Case

Charles G. Brown, Atty. Gen., Mary Carol Holbert, Senior Atty. Gen., for appellant.

Noel P. Copen, David L. Campbell, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for appellee.

NEELY, Justice:

In 1980, the State Tax Commissioner issued an assessment against the Huntington Publishing Company under the old West Virginia business and occupation tax, W.Va.Code, 11-13-1 et seq. (repealed effective 1 July 1987) for $59,940.34 in tax, $831.93 in interest and $19,116.55 in penalties. After an administrative hearing, the commissioner modified the assessment to waive all penalties.

Huntington Publishing appealed the commissioner...

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