HAJOCA CORPORATION v. CLAYTON

No. 36.

178 S.E.2d 481 (1971)

277 N.C. 560

HAJOCA CORPORATION, a Delaware Corporation, v. I. L. CLAYTON, Commissioner of Revenue of the State of North Carolina, Defendant, and County of Buncombe and City of Asheville, North Carolina, Additional Defendants.

Supreme Court of North Carolina.

January 20, 1971.


Attorney(s) appearing for the Case

McGuire, Baley & Wood by J. M. Baley, Jr., Richard A. Wood, Jr., Asheville, for plaintiff.

Robert Morgan, Atty. Gen., Myron C. Banks, Asst. Atty. Gen., for defendant Commissioner of Revenue.

W. M. Styles, County Atty., for defendant County of Buncombe.

James N. Golding, Corp. Counsel, for defendant City of Asheville.


HIGGINS, Justice.

At the outset, a question arises whether the sales and use tax imposed under the authority of Chapter 1228 is a state or a county levy. The question is one of law to be determined by the operative provisions of the Act. "A local tax is defined as `one laid upon property in the locality, by the governing body thereof for an amount fixed by it, and for local governmental uses declared by it'. * * * A `state tax' is one imposed by the state, but * ...

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