Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided September 20, 1989Published

1Opinion of the Court

The Honorable Jonathan S. Fitch State Senator Route 1 Hindsville, Arkansas 72738

Dear Senator Fitch:

This is in response to your request for an opinion on whether a restaurant which collected the gross receipts tax authorized under A.C.A. 26-75-601 et seq. could now be due a refund of the tax in light of the Arkansas Supreme Court's recent decision in CITY OF HOT SPRINGS v. THE VAPORS THEATRE RESTAURANT, 298 Ark. 444,769 S.W.2d 1 (1989).

For the reasons that follow, it is my opinion that a refund is not due in this instance.

The tax to which you refer is authorized in A.C.A. 26-75-602. The…

2Cases cited8 opinions

  1. City of Little Rock v. CashSupreme Court of Arkansas · 1982
  2. Thompson v. Continental Southern Lines, Inc.Supreme Court of Arkansas · 1953
  3. Chapman & Dewey Land Co. v. Board of Directors of St. Francis Levee DistrictSupreme Court of Arkansas · 1926
  4. City of Hot Springs v. Vapors Theatre Restaurant, Inc.Supreme Court of Arkansas · 1989
  5. Ragland v. K-Mart Corp.Supreme Court of Arkansas · 1981

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