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GENESIS, INC. v. TAX COM'R OF WEST VIRGINIA

No. 31692.

599 S.E.2d 689 (2004)

215 W.Va. 266

GENESIS, INC., Petitioner Below, Appellant, v. TAX COMMISSIONER OF THE STATE OF WEST VIRGINIA, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Filed: June 28, 2004.

Attorney(s) appearing for the Case

Andrew G. Fusco, Jeffrey A. Ray, Morgantown, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Stephen Stockton, Senior Assistant Attorney General, Charleston, for the Appellee.

PER CURIAM.

Genesis, Inc. ("Genesis") appeals from the June 17, 2003, order of the Circuit Court of Monongalia County which affirmed the administrative decision issued by the Appellee West Virginia Tax Commissioner ("Tax Commissioner") upholding the assessment of an excess severance tax and a use tax against the taxpayer. Genesis challenges the lower court's ruling on the grounds that the record in this case does not support the conclusion reached by the administrative...

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