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KURTZ CONCRETE, INC. v. SPRADLING

No. 59919.

560 S.W.2d 858 (1978)

KURTZ CONCRETE, INC., a Missouri Corporation, Respondent, v. James R. SPRADLING, Director of Revenue, State of Missouri, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 8, 1978.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Jefferson City, J. Michael Davis, Asst. Atty. Gen., for appellant.

Dale L. Rollings, St. Charles, for respondent.

DONNELLY, Judge.

The issue on this appeal is whether hauling charges for redi-mix concrete are taxable under the Missouri Sales Tax Law. §§ 144.010-144.510, RSMo 1969. Kurtz Concrete, Inc., taxpayer, paid $9,512.77 for the period August 1, 1973, to July 31, 1974, under protest to the Department of Revenue, as sales tax on hauling charges on delivered concrete for that period.

Redi-mix concrete is composed of cement, coarse and fine aggregates, water...

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