NATIONAL SERVICE INDUSTRIES v. POWERS

No. 8921SC572.

391 S.E.2d 509 (1990)

98 N.C. App. 504

NATIONAL SERVICE INDUSTRIES, INC., Plaintiff, v. Helen A. POWERS, Secretary of the North Carolina Department of Revenue, Defendant.

Court of Appeals of North Carolina.

May 15, 1990.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Newton G. Pritchett, Jr., Raleigh, for defendant-appellant.

Petree Stockton & Robinson by G. Gray Wilson, James M. Iseman, Jr., and Timothy J. Ehlinger, Wilson-Salem, for plaintiff-appellee.


EAGLES, Judge.

Defendant makes two arguments on appeal. First, defendant asserts that the trial court erred in failing to instruct the jury on the "presumption of correctness of the defendant's interpretation of a taxing statute." Additionally, defendant argues that the trial court erred in denying the motion for judgment notwithstanding the verdict where defendant's motion for directed verdict should have been granted. Defendant asserts that the evidence was insufficient...

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