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FRANTZ v. PALMER

No. 29178.

564 S.E.2d 398 (2001)

211 W.Va. 188

Gary W. FRANTZ, d/b/a Frantz Lumber Company, Gary W. Frantz, d/b/a Tri-State Logging and Tri-State Logging, Inc. Petitioner Below, Appellant, v. Joseph M. PALMER, State Tax Commissioner of the State of West Virginia Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 29, 2001.

Dissenting Opinion of Justice Davis November 14, 2001.

Attorney(s) appearing for the Case

Thomas A. Vorbach, Paul L. Hicks, Ancil G. Ramey, Steptoe & Johnson, Morgantown, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Stephen Stockton, Senior Assistant Attorney General, Charleston, for the Appellee.

ALBRIGHT, Justice.

Appellant Gary W. Frantz, d/b/a Frantz Lumber Company, Tri-State Logging, and Tri-State Logging, Inc. (hereinafter "Taxpayer"), challenges the July 26, 1999, order of the Circuit Court of Kanawha County dismissing his appeal from an administrative ruling of Appellee Joseph M. Palmer, the State Tax Commissioner (hereinafter "Tax Commissioner"). As grounds for the appeal, Taxpayer challenges the constitutionality...

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