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LZM, INC. v. VIRGINIA DEPT. OF TAXATION

Record No. 040779.

606 S.E.2d 797 (2005)

269 Va. 105

LZM, INC. v. VIRGINIA DEPARTMENT OF TAXATION.

Supreme Court of Virginia.

January 14, 2005.

Attorney(s) appearing for the Case

Taylor M. Albright (Victor Bongard, III; Albright & Bongard, on briefs), for appellant.

Eric A. Gregory, Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen.; M. Seith Ginther, Sr. Asst. Atty. Gen.; William R. Sievers, Asst. Atty. Gen., on brief), for appellee.

Present: All the Justices.

AGEE, Justice.

I. FACTS AND PROCEEDINGS BELOW

Appellant, LZM, Inc. ("LZM") is in the business of leasing portable toilets and offers a pumping service to customers who lease LZM toilets. LZM negotiates contracts for the lease and pumping services at the same time and includes all charges in a single invoice, although the rental and pumping charges are separately stated. No toilet rental customer is required to...

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