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SIMONS PETROLEUM, INC. v. FALGOUT

No. 2003 CA 0610.

873 So.2d 65 (2004)

SIMONS PETROLEUM, INC. v. Dane FALGOUT, Sales Tax Collector, for the Sales & Use Tax Department of the Pointe Coupee Parish Police Jury.

Court of Appeal of Louisiana, First Circuit.

February 23, 2004.

Attorney(s) appearing for the Case

Stephen Myers, Lafayette, Counsel for Plaintiff/Appellant Simons Petroleum, Inc.

Frederick Mulhearn, Baton Rouge, Counsel for Defendant/Appellee Pointe Coupee Parish Police Jury through its Sales Tax Department.

Before: WHIPPLE, KUHN, and MCDONALD, JJ.

KUHN, J.

Appellant-taxpayer, Simons Petroleum, Inc. (Simons Petro), appeals the grant of a summary judgment affirming the sales tax assessment issued by appellee-tax collector, Pointe Coupee Parish Police Jury through its Sales Tax Department (Pointe Coupee Parish), and awarding the tax collector additional taxes on its reconventional demand plus interest. The tax collector has answered the appeal. We amend and, as amended, affirm.

I. PROCEDURAL BACKGROUND...

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