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APOLLO CIVIC THEATRE, INC. v. STATE TAX COM'R

No. 33889.

672 S.E.2d 215 (2008)

APOLLO CIVIC THEATRE, INC., Petitioner Below, Appellant, v. STATE TAX COMMISSIONER OF WEST VIRGINIA, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: December 10, 2008.

Attorney(s) appearing for the Case

Michael E. Caryl, Esq., Bowles Rice McDavid Graff & Love, Martinsburg, for Appellant.

Darrell V. McGraw, Jr., Attorney General, L. Wayne Williams, Assistant Attorney General, Charleston, for Appellee.

STARCHER, J.1

In this appeal from the Circuit Court of Berkeley County, a taxpayer—a local civic theater organization—seeks review of a circuit court order sustaining assessments by the State Tax Commissioner against the taxpayer for failing to pay certain state consumer sales taxes and certain state use taxes. As a non-profit corporation exempt from federal income tax under Section...

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