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EX PARTE FLEMING FOODS OF ALABAMA, INC.

1931005, 1931007.

648 So.2d 577 (1994)

Ex parte FLEMING FOODS OF ALABAMA, INC. Ex parte The DEPARTMENT OF REVENUE, State of Alabama. (Re FLEMING FOODS OF ALABAMA, INC. v. The DEPARTMENT OF REVENUE, State of Alabama.)

Supreme Court of Alabama.

September 16, 1994.

Attorney(s) appearing for the Case

Richard C. Hutchison of Hutchison, Neider, Ward and King, LC, Salt Lake City, UT, Henry F. Lee III, Geneva, and Robert C. Walthall of Bradley, Arant, Rose & White, Birmingham, for petitioner/cross respondent Fleming Foods of Alabama, Inc.

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

SHORES, Justice.

The issue raised by the petitioners is whether the State Department of Revenue legally and correctly assessed use taxes against certain vehicles operated by Fleming Foods of Alabama, Inc. ("Fleming Foods"), pursuant to § 40-23-61(c), Ala.Code 1975.

On January 22, 1985, the Department issued assessments against Fleming Foods for use taxes on vehicles during the tax period 1981-1984 in the amounts of $15,320.63 for state use tax and $5...

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