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MARX v. R & W CUSTOM BUILDERS, INC.

No. 91-CC-0307.

624 So.2d 102 (1993)

C.A. MARX, Ph.D. Chairman and Commissioner of Revenue, Mississippi State Tax Commission v. R & W CUSTOM BUILDERS, INC.

Supreme Court of Mississippi.

September 23, 1993.

Attorney(s) appearing for the Case

Michael Stribling, Bobby R. Long, Jackson, for appellant.

George S. Monroe, II, Newton, for appellee.

Before DAN M. LEE, P.J., and McRAE and SMITH, JJ.

SMITH, Justice, for the Court:

The Mississippi State Tax Commission (MSTC) brought this appeal from an adverse decision in the Chancery Court of Newton County. The controversy centers on the definition of "mobile home" for purposes of calculating sales tax. R & W Builders, Inc. also cross appealed.

Miss. Code Ann. § 27-65-17 (Supp. 1990) provides that a 3% sales tax shall be charged on the sale of "mobile homes" and 6% on other sales. R & W charged...

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