Mississippi State Tax Commission v. Moore

209 So. 2d 832, 1968 Miss. LEXIS 1476
CourtMississippi Supreme Court
DecidedApril 29, 1968
DocketNo. 44867
StatusPublished
Cited by5 cases

This text of 209 So. 2d 832 (Mississippi State Tax Commission v. Moore) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi State Tax Commission v. Moore, 209 So. 2d 832, 1968 Miss. LEXIS 1476 (Mich. 1968).

Opinion

ETHRIDGE, Chief Justice:

Freddie Lois Moore, appellee, applied for a permit to operate a retail package liquor store under the provisions of the Alcoholic Beverage Control Act of 1966. Miss.Code 1942 Ann. §§ 10265-01 to -40 (Supp.1966). After a hearing, the Commission denied the application, but on appeal the Chancery Court of Lauderdale County reversed the Commission and directed issuance of the license or permit. The State Tax Commission and its chairman have appealed from that decree.

At the time of the hearing in May 1967, appellee, Freddie Lois Moore, was twenty-two years of age and a senior at the University of Southern Mississippi. Prior to July 1, 1966, the effective date of the Alcoholic Beverage Control Act, the retail sale of intoxicating liquors was prohibited in Mississippi. However, before that date, appellee’s father, Ferdie Moore, had been engaged in the liquor business and had incurred a sales tax obligation to the State of $59,385.89. The State Tax Commission had rendered an assessment against him in that amount and had recorded that judg[834]*834ment. Shortly after the ABC statute went into effect, Ferdie Moore applied to the Commission for a retail liquor license. His application, which stated that the business would he conducted on the same premises concerning which appellee’s application was made, was denied on the ground that his indebtedness to the state for delinquent sales taxes disqualified him from holding a retail package store permit under the express provisions of the Act. Miss.Code 1942 Ann. § 10265-23(6) (Supp.1966).

After Ferdie Moore’s application was denied, appellee, Freddie Lois.Moore, on December 22, 1966, applied to the Commission for a retail liquor permit. The application was in proper form, with bond. It is undisputed that Miss Freddie Lois Moore is a young woman of good moral character and integrity.

Dewey Myers, Chief of the Permit Section of the Alcoholic Beverage Control Division of the State Tax Commission, testified that appellee met the requirements set forth in his investigation as to character and financial responsibility, and that he had reported that fact to the Commission.

Miss Moore stated that the store for which she sought the retail liquor permit was already constructed upon land that she owned on Highway 45 north in Meridian. She testified that she had personally hired the contractors that built the store and had paid them $7,150 of her own money for constructing the building.

She had hired a manager for the store, Harold Williams, who had previously worked for her father in his illegal liquor business. School was going to be out shortly after the hearing and she planned to manage the store during the summertime. She said that her father would have nothing to do with the business and was not going to direct it or interfere with it in any way. She wanted to earn some money from the store in order to assist in putting her brother and sisters through school. The money with which she purchased the lot and building was given to her over the years by her father “and various people for graduation and things like that.” She proposed to name the store “Ferdie’s Package Store.” She had planned on leasing the building and lot to her father, if his application for a license had been approved. She knew that her father had previously been engaged in the illegal sale of liquor in the state, and had recently learned of the judgment against him for delinquent sales taxes. Harold Williams, whom she had selected to manage the store, had previously been employed by her father in the sale of illegal liquor. She planned on being at the store most of the time, and Williams would be there when she was absent.

After the hearing, the State Tax Commission in denying appellee’s application made the following findings:

[T]he applicant is acting as an agent of her father, Ferdie Moore, who has a judgment enrolled against him on the judgment roll of the Circuit Court of Lauderdale County, Mississippi, in the amount of $59,385.89 in favor of the State Tax Commission for sales taxes and that the full amount of said judgment is now due and owing to the State Tax Commission and the Commission further finds that the applicant received money from Ferdie Moore, her father, to purchase the lot and building on which the permit for a retail package store is sought therein. The Commission further finds that Ferdie Moore made application to the Alcoholic Beverage Control Division for a retail package store permit to be located on the same premises for which the applicant now seeks her permit and when denied by Alcoholic Beverage Control Division then the applicant filed her application for a permit on the same premises. The Commission further finds that this application is a subterfuge made by the applicant in order to endeavor to qualify for a retail package store permit in violation of Section 23 [paragraph] 6 of House Bill No. 112 of the Laws of Mississippi effective from and after July 1, 1966, [835]*835which provides that the applicant is not indebted to the State for any taxes, fees or payment of penalties imposed by any act of the State of Mississippi, or by any rule or Regulation of the Commission; The Commission is, therefore, of the opinion and finds that the application should be denied.

In reversing the Commission and directing the issuance of the license, the chancery court held that there was not substantial evidence before the Commission to support its finding that applicant was acting as the agent of her father and the denial of the license was arbitrary and capricious.

The State Tax Commission is given the power “to issue or refuse to issue any permit provided for by [the Alcoholic Beverage Control Act].” Miss.Code 1942 Ann. § 10265-17(a) (1) (Supp.1966). An appeal from an order of the Commission may be taken to the chancery court of the county of the applicant’s domicile, and from there to this Court. Miss.Code 1942 Ann. § 10265 — 17(b) (Supp.1966).

As a condition precedent to the issuance of a retail liquor license, the applicant must file with the Commission a sworn statement disclosing all persons who are financially involved in the operation of the proposed business, and failure to fully disclose this information is a misdemeanor. Miss. Code 1942 Ann. § 10265-20 (Supp.1966).

Code section 10265-23 sets out thirteen qualifications of applicants for permits. It provides that the applicant must be of good moral character, with a reputation of being a law abiding citizen, and not less than twenty-one years of age. Appellee meets these requirements. Section 10265-23 further provides:

Before a permit is issued the Commission shall satisfy itself:
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(2) That, except in the case of an application for a solicitor’s permit, the applicant is the true and actual owner of the business for which the permit is desired, and that he intends to carry on the business authorized for himself and not as the agent of any other person, and that he intends to superintend in person the management of said business or that he will designate a manager to manage the business for him, such manager must be approved by the Commission and must possess all of the qualifications required of a permittee.
(6) That the applicant is not indebted to the State for any taxes, fees or payment of penalties imposed by any act of the State of Mississippi or by any rule or regulation of the Commission.

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Bluebook (online)
209 So. 2d 832, 1968 Miss. LEXIS 1476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-state-tax-commission-v-moore-miss-1968.