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McGOWAN v. MARX

No. 57973.

546 So.2d 699 (1989)

John W. McGOWAN et al. v. Dr. C.A. MARX, Chairman, and The Mississippi State Tax Commission.

Supreme Court of Mississippi.

June 28, 1989.

Attorney(s) appearing for the Case

David K. McGowan, Jackson, for appellant.

Bobby R. Long, Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and SULLIVAN, JJ.

ON MOTION TO CORRECT MANDATE

PRATHER, Justice, for the Court:

John W. McGowan, the losing appellant, filed a motion to correct the mandate of this court of December 21, 1988, contending that the addition of the statutory penalty was in error. The facts of this issue are as follows.

The State Sales Tax Commission directed an assessment for sales taxes against John W. McGowan, et al., which assessment was protested by McGowan and appealed through...

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