State v. Burgess Mining & Construction Co.

BRADLEY, Judge.

The issue presented by this appeal is whether the lessee of coal interests, who had contracted with another company to strip mine the coal, was engaged in severing coal from the soil and, thus, was liable for the Alabama coal severance tax. The issue is one of first impression in this state. The Jefferson County Circuit Court held that the extracting company, Burgess Mining and Construction Corporation (Burgess), the corporation hired by the lessee, Black Diamond Coal Company (Black Diamond), did not have to pay the tax. From this judgment the State of Alabama appeals. We…