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STATE v. ELI WITT CO., INC.

AV92000157.

627 So.2d 947 (1993)

STATE of Alabama v. ELI WITT COMPANY, INC., a foreign corporation.

Court of Civil Appeals of Alabama.

Rehearing Denied July 2, 1993.

Certiorari Denied September 3, 1993.

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 appellant.

Jeff Kohn and W. Todd Carlisle of Sirote & Permutt, P.C., Montgomery, for appellee.

Alabama Supreme Court 1921538.

L. CHARLES WRIGHT, Retired Appellate Judge.

The Alabama Department of Revenue notified Eli Witt Company, a wholesaler of tobacco products, that it was not entitled to a tobacco stamp tax discount because its tobacco tax payment of June 1990 was not timely mailed or received by the department. The department entered a preliminary assessment against the company for the amount of the discount, plus interest. The company challenged...

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