Yesterdays of Lake Charles, Inc. v. Calcasieu Parish Sales & Use Tax Department
Louisiana Court of Appeal
1DissentConery, J.
hi respectfully dissent. In my opinion, the majority shifts the burden in a tax dispute case from the Taxpayer to the Collector. In effect, the majority allows the practice of a taxpayer in a cash business using cash register receipts for each transaction for his own purposes, to then disregard the receipts, pay whatever “expenses” he chooses out of the cash receipts, deposit the balance in the bank, and then use BANK RECORDS of his NET DEPOSITS as adequate records for sales tax audit purposes. We cannot condone such a practice, nor does the law allow us to do so.
*700 Assignment of Error One
The…
2Cases cited17 opinions
- United States v. ApfelbaumSupreme Court of the United States · 1980
- Cleco Evangeline v. Louisiana Tax Com'nSupreme Court of Louisiana · 2002
- Cheatham v. City of New OrleansSupreme Court of Louisiana · 1979
- Starns v. EmmonsSupreme Court of Louisiana · 1989
- Farley v. Frost-Johnson Lumber Co.Supreme Court of Louisiana · 1913
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