H.O. ANDERSON, INC. v. ROSE

No. 16809.

352 S.E.2d 541 (1987)

H.O. ANDERSON, INC. v. Herschel H. ROSE III, as Tax Commissioner, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion January 9, 1987.


Attorney(s) appearing for the Case

Charlie Brown, Atty. Gen., Charleston, Gregory A. Morgan, Asst. Atty. Gen., Clarksburg, for appellants.

David Layva, Avey & Steptoe, Charles Town, for appellee.


McGRAW, Justice:

This is an appeal by the Tax Commissioner of West Virginia from a final order entered by the Circuit Court of Berkeley County on June 11, 1984, which reversed and set aside the Commissioner's administrative decision rendered on December 2, 1982, affirming the business and occupation tax assessment issued against the appellee, H.O. Anderson, Inc., on December 23, 1980, for the period January 1, 1975, through December 31, 1979. For the reasons set forth...

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