PIONEER MARKETS, INC. v. COMMISSIONER OF REVENUE

No. 10604.

176 N.W.2d 477 (1970)

PIONEER MARKETS, INC., and Pioneer Foods, Inc., Appellants, v. The COMMISSIONER OF REVENUE of the State of South Dakota, Respondent.

Supreme Court of South Dakota.

April 16, 1970.


Attorney(s) appearing for the Case

Russell C. Molstad, of Molstad & Walker, Sturgis, for appellants.

Gordon Mydland, Atty. Gen., John Dewell, Asst. Atty. Gen., Pierre, for respondent.


BIEGELMEIER, Judge.

The question involved in the appeal is whether the membership fee charged by appellant stores is subject to tax imposed by SDC 57, the South Dakota Retail Occupational Sales Tax. Appellant corporations are engaged in sales of groceries and related merchandise at retail and hold permits or licenses to engage in business as retailers, SDC 57.3301, as amended by Ch. 329, S.L.1967.1

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