BLUE YONDER, LLC v. STATE TAX ASSESSOR

Docket: BCD-10-3.

17 A.3d 667 (2011)

2011 ME 49

BLUE YONDER, LLC v. STATE TAX ASSESSOR.

Supreme Judicial Court of Maine.

Decided: April 26, 2011.


Attorney(s) appearing for the Case

Jonathan A. Block, Esq. , (orally), Robert A. Creamer, Esq. , Pierce Atwood LLP, Portland, ME, for Blue Yonder, LLC.

Janet T. Mills , Attorney General, Pamela W. Waite , Asst. Atty. Gen., Scott W. Boak , Asst. Atty. Gen., (orally), Office of the Attorney General, Augusta, ME, for the State Tax Assessor.

Dissent: LEVY, and MEAD, JJ.


SAUFLEY, C.J.

[¶ 1] This appeal requires us to address the purposes of Maine's use tax as a complement to the sales tax. Based on the statutes in effect at the time of taxation, we conclude that an aircraft that was used briefly in Maine was exempt from the use tax when the aircraft was purchased and delivered outside of Maine, was owned by an out-of-state entity, had never been registered in Maine, and was in Maine for approximately twenty-one full days during...

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