TARVER v. WORLD SHIP SUPPLY, INC.

No. 92-CA-0812.

615 So.2d 423 (1993)

Leon R. TARVER, II, Secretary of the Department of Revenue and Taxation, State of Louisiana v. WORLD SHIP SUPPLY, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied March 26, 1993.


Attorney(s) appearing for the Case

James C. Russell, Jr., Marlin N. Gusman, Marlon V. Harrison, Susan Crapanzano Edelen, Baton Rouge, for plaintiff-appellant.

Jerome J. Reso, Jr., John A. Rouchell, Beverly Klundt Baudouin, Baldwin & Haspel, New Orleans, amicus curiae.

William A. Porteous, III, John J. Hainkel, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendant-appellee.

Before SCHOTT, C.J., and BARRY and PLOTKIN, JJ.


SCHOTT, Chief Judge.

The issue in this case is whether the state may collect tax on the sale of supplies to the operators of foreign ships bound for foreign ports where the supplies are for use and consumption during the voyage in the absence of a specific statutory exemption from the tax. We hold that it may not.

This is an action by the Secretary of the Department of Revenue and Taxation to collect sales taxes for the period July 1, 1986 through June 30...

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