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STATE DEPT. OF REVENUE v. GARNER

2000586.

812 So.2d 380 (2001)

STATE DEPARTMENT OF REVENUE v. R.L. GARNER and Saundria Garner.

Court of Civil Appeals of Alabama.

August 31, 2001.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen.; Susan Kennedy, chief counsel, Department of Revenue, and deputy atty. gen.; and David E. Avery III, asst. counsel, Department of Revenue, and asst. atty. gen., for appellant.

Scott Hunt of Fite, Davis, Atkinson, Guyton & Bentley, P.C., Hamilton, for appellees.

MURDOCK, Judge.

The State Department of Revenue ("the Department") appeals from a judgment of the Circuit Court of Marion County in favor of R.L. Garner and Saundria Pate Garner ("the Garners"). In its judgment, the circuit court concluded that the Garners' appeal to the circuit court from an adverse decision of the Department's administrative law judge ("ALJ") was proper; that court reversed the ALJ's decision, holding that the Garners were entitled to a deduction...

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