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LERNER NEW YORK, INC. v. NORMAND

No. 19-CA-350.

288 So.3d 242 (2019)

LERNER NEW YORK, INC. v. Newell D. NORMAND, Sheriff, and Ex-Officio Tax Collector for Jefferson Parish; Jefferson Parish Sheriff's Office, Bureau of Revenue and Taxation, Sales and Use Tax Division.

Court of Appeal of Louisiana, Fifth Circuit.

December 26, 2019.

Attorney(s) appearing for the Case

COUNSEL FOR PLAINTIFF/APPELLEE, LERNER NEW YORK, INC., Andre B. Burvant , Matthew A. Mantle , New Orleans, John F. Fletcher .

COUNSEL FOR DEFENDANT/APPELLANT, JOSEPH P. LOPINTO, III, SHERIFF AND EX-OFFICIO TAX COLLECTOR FOR THE PARISH OF JEFFERSON, SUCCESSOR IN OFFICE TO FORMER JEFFERSON PARISH SHERIFF NEWELL NORMAND, Kenneth C. Fonte .

Panel composed of Judges Robert A. Chaisson, Hans J. Liljeberg, and John J. Molaison, Jr.

This is an appeal from a judgment of the Louisiana Board of Tax Appeals ("Board") taken by petitioner, Lerner New York, Inc. ("Lerner"), concerning a request for a refund of $147,967.00 of sales taxes paid under protest pursuant to a Rule for Taxes filed by the tax collector for Jefferson Parish ("Collector") for the period of January...

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