Rabren v. Radio Corporation of America

COLEMAN, Justice.

The Commissioner of Revenue appeals from a judgment wherein the circuit court ordered that a peremptory writ of mandamus issue to the Commissioner ordering him to certify to the Comptroller that the sum of $1,932.73 is to be refunded to the taxpayer, Radio Corporation of America, herein sometimes referred to as RCA, as a refund of use tax erroneously paid to the state by RCA during the period from January 29, 1964, through July 23, 1965.

The Commissioner concedes in brief that the proceeding for mandamus was properly before the trial court.

In its petition for mandamus, RCA…