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DEPT. OF REVENUE v. APECK CONSTRUCTION

2017-738.

238 So.3d 1045 (2018)

LOUISIANA DEPARTMENT OF REVENUE v. APECK CONSTRUCTION, INC.

Court of Appeal of Louisiana, Third Circuit.

February 28, 2018.

Attorney(s) appearing for the Case

Nicole F. Gould Frey , David R. Cassidy , Breazeale, Sachse & Wilson, LLP, P. O. Box 3197, Baton Rouge, LA 70821-3197, (225) 387-4000, COUNSEL FOR DEFENDANT/APPELLEE: Apeck Construction, LLC.

Aaron D. Long , Antonio C. Ferachi , Brandea P. Averett , Adrienne Quillen , Attorneys for the Secretary of the Department of Revenue, State of Louisiana, P. O. Box 4064, Baton Rouge, LA 70821-4064, (225) 219-2080, COUNSEL FOR PLAINTIFF/APPELLANT: Louisiana Department of Revenue.

Court composed of John D. Saunders, Marc T. Amy, and D. Kent Savoie, Judges.

This is a tax case wherein the trial court found that the Louisiana Department of Revenue (LDR) failed to carry its burden to prove that the taxpayer owed taxes on purchases on materials for resale or on purchases of aggregates. Further, the trial court found that the taxpayer did not owe tax on freight charges to get aggregate...

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