STATE v. TYSDAL

No. 45006.

228 N.W.2d 230 (1975)

STATE of Minnesota, Appellant, v. Lewis TYSDAL, dba Fergus Falls Auction Market, Respondent.

Supreme Court of Minnesota.

March 7, 1975.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., James W. Neher, Sp. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for appellant.

Irvine, Ramstad, Quam & Briggs and John C. Quam, Detroit Lakes, for respondent.

Heard before SHERAN, C. J., and KELLY and YETKA, JJ., and considered and decided by the court en banc.


SHERAN, Chief Justice.

Appeal by the state from a judgment entered on findings, conclusions, and an order made by Judge Charles W. Kennedy, Otter Tail County District Court. In September 1970, the commissioner of revenue assessed a sales tax of $932.29, as well as interest and penalty in the sum of $129.21, on auction sales of tangible personal property owned by others and sold by respondent from August 1, 1967, through December 31, 1969.

In January 1972,...

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