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DEPT. OF REVENUE v. BOYD BROS. TRANSP.

No. 2090276.

56 So.3d 701 (2010)

STATE DEPARTMENT OF REVENUE v. BOYD BROTHERS TRANSPORTATION, INC.

Court of Civil Appeals of Alabama.

September 10, 2010.

Attorney(s) appearing for the Case

Margaret Johnson McNeill , asst. counsel, Alabama Department of Revenue, and asst. atty. gen., for appellant.

James M. Sizemore, Jr. , Alexander City, for appellee.

BRYAN, Judge.

The State Department of Revenue ("the Department") appeals from a summary judgment of the Barbour Circuit Court determining that the Department erred in assessing the sales tax against Boyd Brothers Transportation, Inc. ("Boyd Brothers"), on certain transactions. We affirm.

Factual Background and Procedural History

Boyd Brothers operates a long-haul trucking business. Boyd Brothers and 70 of its drivers entered into individual...

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