Brockway Glass Co. v. Caryl

McHUGH, Justice:

This tax case is before this Court upon an appeal by the State Tax Department (now the State Department of Tax and Revenue) from a final order of the Circuit Court of Harrison County, West Virginia. The case involves the former business and occupation tax credit for industrial expansion, W.Va.Code, 11-13C-1 to 11-13C-5, as *123effective prior to repeal thereof in 1985.1 The issue is one of first impression in this jurisdiction and is whether such credit is to be prorated on a daily basis between the seller and the buyer for the year of sale of the qualified investment property, as…