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MOBILITY MED., INC. v. MISS. DEPT. OF REV.

No. 2011-CA-01780-SCT.

119 So.3d 1002 (2013)

MOBILITY MEDICAL, INC., and Mobility Medical of North Mississippi, LLC v. MISSISSIPPI DEPARTMENT OF REVENUE.

Supreme Court of Mississippi.

June 6, 2013.

Attorney(s) appearing for the Case

Brandon C. Dixon , Harris H. Barnes, III , Flowood, attorneys for appellant.

James L. Powell , Jackson, Kenitta Franklin Toole , attorneys for appellee.

EN BANC.

DICKINSON, Presiding Justice, for the Court:

¶ 1. Mississippi law requires Mobility Medical, Inc., and Mobility Medical of North Mississippi, LLC, (together referred to herein as "Mobility") to pay a tax on their gross medical equipment sales proceeds, including sales to customers who are covered by the Federal Employees Health Benefits Plan (FEHBP). Federal law prohibits states from levying direct or indirect taxes...

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