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SYNCOR INTERN. CORP. v. PALMER

No. 28397.

542 S.E.2d 479 (2001)

208 W.Va. 658

SYNCOR INTERNATIONAL CORPORATION, Plaintiff Below, Appellee, v. Joseph M. PALMER, III, State Tax Commissioner Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided January 26, 2001.

Attorney(s) appearing for the Case

Michael E. Caryl, Bowles, Rice, McDavid, Graff & Love, Charleston, for the Appellee.

Darrell V. McGraw, Jr., Attorney General, Stephen B. Stockton, Assistant Attorney General, Charleston, for the Appellant.

ALBRIGHT, Justice:

The State Tax Commissioner ("Tax Commissioner"), Joseph M. Palmer, appeals from the February 22, 2000, order of the Circuit Court of Cabell County, which reversed an administrative decision upholding the state tax department's position that the sale of nuclear medicines1 to medical service providers is subject to the state sales tax in all instances. The lower court determined that Appellee Syncor International Corporation...

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