Opinion

Alabama Board of Optometry v. Eagerton

  • 393 So. 2d 1373
  • 14 A.L.R. 4th 1360
  • 1981 Ala. LEXIS 3268
Court
Supreme Court of Alabama
Filed
Feb 6, 1981
Status
Published
Author
Jones
On the bench
Beatty, Maddox, Faulkner, Almon, Shores, Embry, Jones, Torbert, Adams
Cited by
4 cases
Authority
More cited than 25.8%

entertaining declaratory request challenging on constitutional grounds differential treatment in the manner in which sales taxes are applied to optometrists

How later courts described this case

  • entertaining declaratory request challenging on constitutional grounds differential treatment in the manner in which sales taxes are applied to optometrists
  • analyzing whether optometry was a “learned profession” for tax purposes

Written by the judges who cited it.

The opinion

JONES, Justice

(concurring in the result).

I concur in the result. I would overrule Haden v. McCarty, 275 Ala. 76 , 152 So.2d 141 (1963). After careful study of the issue here presented, I am of the opinion that the “practice of a learned profession” dichotomy is wholly irrelevant to an appropriate interpretation and application of the taxing statute in question.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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