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DEPT. OF REVENUE v. BILL DAVIS RACING

No. COA08-1387.

684 S.E.2d 914 (2009)

NORTH CAROLINA DEPARTMENT OF REVENUE, Petitioner, v. BILL DAVIS RACING, Respondent.

Court of Appeals of North Carolina.

November 17, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Tenisha S. Jacobs for petitioner.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by William G. McNairy and Elizabeth V. LaFollette, Greensboro, for respondent.

ERVIN, Judge.

Bill Davis Racing (Respondent) appeals from an order entered 9 July 2008 reversing the Tax Review Board's Administrative Decision No. 508, and ordering that Respondent is "liable for the franchise tax, interest and penalties in the amount set forth in Final Decision Docket No. 06-217 entered by the [Assistant] Secretary [of Revenue] on 15 December 2006." We reverse and remand the trial court's order.

Factual Background

Respondent...

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