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MORTON BUILDINGS, INC. v. TOLSON

No. COA04-1053.

615 S.E.2d 906 (2005)

MORTON BUILDINGS, INC., Petitioner-Appellant, v. E. Norris TOLSON, Secretary of Revenue, State of North Carolina, and His Successors, Respondent-Appellee.

Court of Appeals of North Carolina.

August 2, 2005.

Attorney(s) appearing for the Case

Maupin Taylor, P.A., by Charles B. Neely, Jr., Nancy S. Rendleman, and Kevin W. Benedict, Raleigh; and Law Offices of Abraham Stanger, by Abraham M. Stanger, New York NY, for petitioner-appellant.

Attorney General Roy A. Cooper, by Special Deputy Attorney General Kay Linn Miller Hobart, for respondent-appellee.

McGEE, Judge.

Morton Buildings, Inc. (petitioner) is a construction contractor in the business of producing, selling, and erecting prefabricated warehouses and other buildings for use on farms and in industry in forty states. Petitioner seeks a tax refund for the sales and use tax it paid on lumber, steel, and other materials (collectively materials) purchased out of state. These materials were assembled into trusses, columns...

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