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EX PARTE SIZEMORE

1910328.

605 So.2d 1221 (1992)

Ex parte James M. SIZEMORE, Jr., Commissioner, State Department of Revenue. (Re James M. SIZEMORE, Commissioner, State Department of Revenue v. The DOTHAN PROGRESS).

Supreme Court of Alabama.

September 18, 1992.

Attorney(s) appearing for the Case

James H. Evans, Atty. Gen., and Ron Bowden, Chief Counsel, and J. Wade Hope, Asst. Counsel, Dept. of Revenue and Asst. Attys. Gen., for petitioner.

Richard F. Allen and William R. King of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, for respondent.

ADAMS, Justice.

Following an audit of the company that publishes the newspaper The Dothan Progress, the Department of Revenue assessed the company (hereinafter referred to as "the Dothan Progress"), a licensed retailer, unpaid taxes for the period of October 1, 1986, through April 30, 1989, on ink and newsprint purchased tax-free at wholesale and taken from inventory and used in assembling three newspapers that were distributed to the public free of charge...

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