GILREATH V. GENERAL ELECTRIC CO. AND MARTIN MARIETTA CO., 751 SO. 2D 705 (FLA. 5TH DCA 2000)

This case was an appeal from a determination by the circuit court in Florida that computer software was taxable as intangible personal property pursuant to Fla. Stat. ยง 192.001. The Fifth District Court of Appeal of Florida (the "Appellate Court"), held that even though the medium on which the software was stored constituted tangible personal property, the value of the program stored on the medium was not tangible property and the State's assessment that General Electric owed over $250,000 in state taxes on the software, which included a valuation of the programs themselves, was not sustainable.

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