B B ENTERPRISE, INC. v. PALMER

Nos. 31239, 31240.

591 S.E.2d 129 (2003)

214 W.Va. 571

B B ENTERPRISE, INC., Plaintiff Below, Appellant, v. Joseph M. PALMER, State Tax Commissioner, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 14, 2003.


Attorney(s) appearing for the Case

Christopher S. Smith, Esq., Hoyer, Hoyer, Smith & Miesner, PLLC, Charleston, for Appellants.

Darrell V. McGraw, Jr., Esq., Attorney General, Stephen Stockton, Sr. Asst. Attorney General, Charleston, for Appellee.


McGRAW, Justice.

These consolidated cases are before this Court on appeals by B B Enterprise, Inc. and JDA Management, Inc. (hereinafter collectively referred to as "Taxpayers"), two West Virginia corporations which operate exotic show bars and adult entertainment establishments. The Taxpayers appeal separate orders entered April 25, 2002, in the Circuit Court of Kanawha County,1 which required them to pay consumers sales and service tax...

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