FULTON CORP. v. FAULKNER

No. 305A93-2.

481 S.E.2d 8 (1997)

FULTON CORPORATION v. Janice H. FAULKNER, Secretary of Revenue.

Supreme Court of North Carolina.

February 10, 1997.


Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC, by Jasper L. Cummings, Jr., Raleigh, for plaintiff-appellee.

Michael F. Easley, Attorney General, by Andrew A. Vanore, Jr., Chief Deputy Attorney General, Edwin M. Speas, Jr., Senior Deputy Attorney General, Thomas F. Moffitt, Special Deputy Attorney General, and Marilyn R. Mudge, Assistant Attorney General, for defendant-appellant.

Womble Carlyle Sandridge & Rice, PLLC, by G. Eugene Boyce, of counsel, Raleigh, amicus curiae.


WEBB, Justice.

This case brings to the Court the question of the remedy to be applied after a portion of the intangibles tax statute has been declared unconstitutional. The Court of Appeals held that the part of the statute which was unconstitutional should be severed and that the balance of the statute should be enforced. This would leave the intangibles tax to be enforced without any reduction for income taxes paid to this State. We believe the Court of Appeals...

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