TA OPERATING CORP. v. STATE, DEPT. OF REV.

No. 1D99-3480.

767 So.2d 1270 (2000)

TA OPERATING CORPORATION d/b/a Truckstops of America, Appellant, v. STATE of Florida, DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, First District.

September 28, 2000.


Attorney(s) appearing for the Case

Cynthia S. Tunnicliff and Julius F. Parker III of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, and Mark E. Holcomb and Susan L. Kelsey of Holland & Knight LLP, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Charles Catanzaro, Assistant Attorney General, Tallahassee, for Appellee.


BENTON, J.

TA Operating Corporation (TA) appeals the final summary judgment denying the refund it sought of excise taxes paid under section 206.87(1), Florida Statutes (1993), when it bought diesel fuel. We affirm, rejecting TA's contention that, because the fuel was delivered to a common carrier for export to Georgia, a Florida tax on the sale violated the Commerce Clause.

The operative facts are not in dispute.1 A common carrier...

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