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KUBLY v. DEPARTMENT OF REVENUE

No. 33 (1974).

70 Wis.2d 74 (1975)

233 N. W. 2d 369

KUBLY and wife, Appellants, v. DEPARTMENT OF REVENUE, Respondent.

Supreme Court of Wisconsin.

Decided September 30, 1975.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Donald S. Eisenberg, Jerome S. Schmidt, and Donald S. Eisenberg & Associates, all of Madison.

For the respondent the cause was submitted on the brief of Robert W. Warren, attorney general, and E. Weston Wood, assistant attorney general.

Submitted under sec. (Rule) 251.54 September 9, 1975.

CONNOR T. HANSEN, J.

The case concerns the application of sec. 77.51 (10) (a), Stats., as amended, effective September 1, 1969.

The statute, as amended, provides:

"(10) `Occasional sales' includes:

"(a) Isolated and sporadic sales of tangible personal property or taxable services where the infrequency, in relation to the other circumstances, including the sales price and the gross...

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