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SUPREME COURT OF LOUISIANA
No. 96-C-0716 STATE OF LOUISIANA AND BEN MORRISON, as successor to Ralph Slaughter, SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA versus BP EXPLORATION & OIL, INC. Consolidated with No. 96-C-2218 STATE OF LOUISIANA AND BEN MORRISON, as successor to Ralph Slaughter, SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA versus STAR ENTERPRISE ON WRITS OF CERTIORARI FOURTH CIRCUIT COURT OF APPEAL

VICTORY, Justice* In these two consolidated writs, we determine whether the provision of La. R.S. 47:305D(1)(h) valuing refinery gas at 52 cents per thousand cubic feet multiplied by a certain fraction ("the 52 cent formula") for use tax purposes is a valuation provision or a value-based exemption, and determine the taxable value of refinery gas and cokeon-catalyst. We hold that the 52 cent formula is a valuation provision, not a valuebased exemption. Further, we hold that coke-on-catalyst has not been shown to have a taxable value for use tax purposes.

*

Marcus, J., not on panel. Rule IV,

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