SMITH v. STATE

No. 61A98.

507 S.E.2d 28 (1998)

349 N.C. 332

Donald L. SMITH, Harold D. Coley, Jr., D. Reid Cottrell, and E. Michael Latta, and All Others Similarly Situated v. STATE of North Carolina, and Muriel K. Offerman, Secretary of Revenue.

Supreme Court of North Carolina.

December 4, 1998.


Attorney(s) appearing for the Case

G. Eugene Boyce, Raleigh, and Womble Carlyle Sandridge & Rice, P.L.L.C. by William C. Raper, Charlotte and Keith Vaughan, Winston-Salem, for plaintiff-appellants.

Michael F. Easley, Attorney General by Edwin M. Speas, Jr., Chief Deputy Attorney General; Thomas F. Moffitt, Special Deputy Attorney General; and Marilyn R. Mudge, Assistant Attorney General, Raleigh, for defendant-appellees.


ORR, Justice.

This action arises out of plaintiffs' challenge to the constitutionality of the intangibles tax imposed by the State of North Carolina pursuant to N.C.G.S. § 105-203 during the tax years from 1991 through 1994. Prior to plaintiffs' filing this suit, a similar constitutional challenge was brought by Fulton Corporation, a North Carolina corporation which held stock in six other corporations, only one of which did business in North Carolina. Since...

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