SIMS v. STATE TAX COM'N

No. 900324.

841 P.2d 6 (1992)

Louie E. SIMS, Petitioner, v. COLLECTION DIVISION OF the UTAH STATE TAX COMMISSION, Respondent.

Supreme Court of Utah.

October 22, 1992.


Attorney(s) appearing for the Case

R. Paul Van Dam, Leon A. Dever, John C. McCarrey, Salt Lake City, for Tax Com'n.

G. Fred Metos, Salt Lake City, for Sims.


DURHAM, Justice:

Petitioner Louie E. Sims seeks review of a formal order of the Utah State Tax Commission ("the Commission") affirming a tax and penalty assessment under the Illegal Drug Stamp Tax Act ("the Act"). Utah Code Ann. §§ 59-19-101 to -107. We reverse the decision of the Commission and vacate the tax and penalty assessed.

On July 27, 1988, the Utah Highway Patrol and the Juab County Sheriff's Department set up a roadblock on Interstate...

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