Steuart Petroleum Co. v. Virginia Department of Taxation

By Judge T. J. Markow

This case is before the court on an Application to Correct Erroneous Assessment of Sales and Use Tax pursuant to Va. Code § 58.1-1825. The petitioner is Steuart Petroleum Company (“Steuart”), a petroleum marketing company engaged in the sale of petroleum products. The defendant is the Virginia Department of Taxation (“VDT”). Steuart claims that VDT has erroneously, invalidly, and illegally assessed Virginia sales and use tax to its sale of assets. For the reasons discussed below, the court finds for the plaintiff.

I. Factual Summary

The parties have stipulated to the facts.…