STATE v. JOE KEENUM EXCAVATION AND CONSTR.

2101223 and 2101230.

99 So.3d 344 (2012)

STATE of Alabama DEPARTMENT OF TRANSPORTATION v. JOE KEENUM EXCAVATION AND CONSTRUCTION CO., INC. State of Alabama Department of Revenue v. Joe Keenum Excavation and Construction Co., Inc.

Court of Civil Appeals of Alabama.

June 22, 2012.


Attorney(s) appearing for the Case

Luther Strange , atty. gen., and John Neiman, Jr. , deputy atty. gen.; and Jim R. Ippolito, Jr. , asst. atty. gen. and chief counsel, and Robert Prescott and Jason A. Trippe , asst. attys. gen. and asst. counsel, State of Alabama Department of Transportation, for appellants.

Glenmore P. Powers II , asst. atty. gen. and assoc. counsel, State of Alabama Department of Revenue, for appellants.

G. Rick Hall and Douglas R. Hargett of Hall, Tanner & Hargett, P.C., Tuscumbia, for appellee.


BRYAN, Judge.

The Alabama Department of Transportation and the Alabama Department of Revenue separately appeal from a summary judgment entered in favor of Joe Keenum Excavation and Construction Co., Inc. ("Keenum"), in a tax-assessment appeal. We reverse and remand.

In 2000, the legislature enacted Act No. 2000-684, Ala. Acts 2000 ("the 2000 Act"). Among other things, the 2000 Act exempted from sales tax and use tax any tangible personal property sold to a...

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