Legal Opinion

Metals U.S. Plates & Shapes Se., Inc. v. La. Dep't of Revenue

Louisiana Court of Appeal

Decided March 21, 2018No. 17–699PublishedCited by 1 opinion

1Opinion of the CourtKyzar, Judge

O'Neal Steel Louisiana, LLC (O'Neal), appeals from the Board of Tax Appeals' judgment, which held that certain commercial purchases of fuels and gases were not excluded from sales tax under La.R.S 47:301(10)(x) and dismissed O'Neal's refund claim for $3,423.33. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

O'Neal, which has its principal place of business in Lafayette, Louisiana, is engaged in the metals business, including welding and metals fabrication. O'Neal purchased, and paid sales tax on, welding gases that are used as shielding gases in the welding process. O'Neal…

2Cases cited16 opinions

  1. Royal Ins. v. Romain Motor Co.Louisiana Court of Appeal · 1929
  2. State v. PiazzaSupreme Court of Louisiana · 1992
  3. Land v. VidrineSupreme Court of Louisiana · 2011
  4. STATE THRU. LOUISIANA RIVERBOAT GAMING COM'N v. Louisiana State Police Riverboat Gaming Enforcement Div.Louisiana Court of Appeal · 1996
  5. State v. TateSupreme Court of Louisiana · 1936

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3Cited by1 opinion

  1. James Robert Wilber and Rachel Seals Wilber v. Progressive Paloverde Insurance Company, State Farm Mutual Automobile Insurance Company and Brooke Paige TylerLouisiana Court of Appeal · 2020

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