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COSMAR CO. v. SLAUGHTER

No. 2003 CA 1310.

871 So.2d 646 (2004)

COSMAR COMPANY v. Ralph SLAUGHTER, Secretary of the Department of Revenue and Taxation (Cynthia Bridges was Substituted as Defendant in Place of Ralph Slaughter).

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 19, 2004.

Attorney(s) appearing for the Case

David R. Cassidy, David R. Kelly, Baton Rouge, Counsel for Plaintiff/Appellant, Cosmar Company.

Geneva Landrum, Frank E. Bruscato, Jr., Lance C. Joseph, Kanika R. Tubbs, Baton Rouge, Counsel for Defendant/Appellee, State of Louisiana, Department of Revenue.

Before: FOIL, WHIPPLE, and KUHN, JJ.

WHIPPLE, J.

In this tax assessment case, plaintiff, Cosmar Company, appeals from a judgment of the trial court abating penalties and ordering a partial refund of taxes plaintiff paid under protest to defendant, the Louisiana Department of Revenue and Taxation. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On October 19, 1994, the Department of Revenue and Taxation for the State of Louisiana ("the Department") issued a proposed...

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