L & R DISTRIB., INC. v. MISSOURI DEPT. OF REV.

No. 58925.

529 S.W.2d 375 (1975)

L & R DISTRIBUTING, INC., a corporation, et al., Respondents, v. MISSOURI DEPARTMENT OF REVENUE and James R. Spradling, Director of Revenue, Appellants.

Supreme Court of Missouri, Division 2.

Motion for Rehearing or Transfer Denied December 8, 1975.


Attorney(s) appearing for the Case

Carp & Morris, Gary Morris, Clayton, Stein & Seigel, Hyman G. Stein, Charles Alan Seigel, St. Louis, for plaintiffs-respondents, L & R Distributing, Inc., et al.

John C. Danforth, Atty. Gen., Clarence Thomas, Asst. Atty. Gen., Jefferson City, for defendants-appellants.


HENRY I. EAGER, Special Commissioner.

This action involves the validity of Revised Rule No. 49 of the Revenue Department which, for the first time, construed § 144.020.1(2) of the Sales and Use Tax Law as imposing the tax upon the gross receipts of coin-operated devices such as pinball machines.1 The applicable portion of this statute is as follows: "A tax equivalent to three percent of...

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