STATE v. HABERER

No. 94-847.

532 N.W.2d 757 (1995)

STATE of Iowa, Appellant, v. Howard F. HABERER, Appellee.

Supreme Court of Iowa.

May 24, 1995.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Robert P. Ewald, Asst. Atty. Gen., and Mark J. Schouten, Sp. Prosecutor for Woodbury County, for appellant.

Robert L. Sikma, Sioux City, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, LAVORATO, and SNELL, JJ.


LAVORATO, Justice.

The State appeals from a district court order dismissing two counts of motor vehicle use tax evasion against Howard F. Haberer. Haberer significantly underreported the purchase price of two used cars when he applied for the certificate of title to each vehicle.

The State contends that a purchaser violates Iowa Code section 423.18(2) (1991), when the purchaser pays less than ninety percent of the tax required by Iowa Code chapter 423. In...

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