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DEPARTMENT OF REVENUE v. VAL-PAK DIRECT MARKETING SYSTEMS, INC.

No. 2D02-2596.

862 So.2d 1 (2003)

DEPARTMENT OF REVENUE, Appellant, v. VAL-PAK DIRECT MARKETING SYSTEMS, INC., a Delaware corporation authorized to do business in Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 6, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and J. Clifton Cox, Assistant Attorney General, Tallahassee, for Appellant.

Cass D. Vickers of Vickers Madsen & Goldman, LLP, Tallahassee, for Appellee.

CANADY, Judge.

Val-Pak Direct Marketing Systems, Inc. (VPDMS), sued the Florida Department of Revenue (the Department), pursuant to section 72.011, Florida Statutes (2000), seeking a refund of sales taxes paid on printed advertising materials distributed by mail. VPDMS's refund claim was based on its contention that the sales on which the taxes had been paid were covered by a sales tax exemption for certain advertising publications contained in section 212.08(7)(w...

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