Frankelite Co. v. Lindley

I

In his sole proposition of law, the Tax Commissioner seeks reversal of the board’s remission of the penalty. In this regard, the board held:

“The Board of Tax Appeals finds that in this particular case, the appellant [Frankelite] has sufficiently shown that the failure to remit the penalty was an abuse of discretion. Frankelite had an established history of timely filing and payment of sales tax returns. Frankelite maintained an extensive file of exemption certificates and manifested a good faith reliance on them. Frankelite fully cooperated with the tax agents during the audit and undertook…