Opinion

Intracoastal Pipe Service Co. v. Assumption Parish Sales & Use Tax Department

  • 563 So. 2d 863
  • 1990 La. LEXIS 1758
  • 1990 WL 91142
Court
Supreme Court of Louisiana
Filed
Jun 29, 1990
Status
Published
On the bench
Shortess
Cited by
9 cases
Authority
More cited than 69.0%

The opinion

PER CURIAM.

GRANTED IN PART; DENIED IN PART.

Intracoastal Pipe Service, Co. Inc. is entitled to receive interest pursuant to LSA-R.S. 33:2890.3 from the date the funds were received by the Assumption Parish Sales and Use Tax Department until refund is made. The repeal of LSA-R.S. 33:2890.3 by the Legislature during the pendency of this action has no effect on Intracoastal Pipe Service Co., Inc.’s entitlement to interest. The right to receive interest attached when the plaintiff paid its taxes under protest. Just as changes in the rate of legal interest are fixed on the day of filing, so is the right to the legal interest absent express legislative declaration to the contrary. State Dept. of Highways v. Vermilion Dev. Co., Inc., 258 La. 1159 , 249 So.2d 167 (1971); State v. Miller Gravity Drainage Dish No. 3, 193 La. 915 , 192 So. 529 (1939).

Otherwise denied.

SHORTESS, J., recused.

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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