Penske Truck Leasing Co. v. Huddleston

OPINION

COOPER, Justice.

This action was brought by Penske Truck Leasing Company, a limited partnership, to recover sales and use taxes paid under protest. The chancellor found that the taxes were properly assessed, and de nied the relief sought. Plaintiff has appealed to this Court, insisting primarily that the trial court erred in holding that the sales of fuel by plaintiff to lessees were part of the gross proceeds of the lease agreements and subject to sales and use taxes.

In 1987, the Commissioner determined that plaintiff owed sales and use taxes, including interest, in the total amount of…