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STATE DEPT. OF REVENUE v. KENNINGTON

2940736.

679 So.2d 1059 (1995)

STATE DEPARTMENT OF REVENUE v. Dale KENNINGTON.

Court of Civil Appeals of Alabama.

Rehearing Denied December 22, 1995.

Certiorari Quashed July 19, 1996.

Attorney(s) appearing for the Case

Jeff Patterson, Asst. Counsel, Department of Revenue, and Deputy Atty. Gen., Montgomery, for Appellant.

Wade H. Baxley of Ramsey, Baxley, McDougle & Collier, Dothan, for Appellee.

Alabama Supreme Court 1950553.

CRAWLEY, Judge.

The Alabama Department of Revenue (the "department") assessed state, city, and county sales taxes against Mrs. Dale Kennington (the "taxpayer"), in connection with the sales of commissioned portraits painted by the taxpayer. The taxpayer paid the tax under protest and applied for a refund. The department denied the petitions for refunds, and the taxpayer appealed to...

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