SORG v. IOWA DEPT. OF REVENUE

No. 61163.

269 N.W.2d 129 (1978)

N. F. SORG, Appellant, v. IOWA DEPARTMENT OF REVENUE, Appellee.

Supreme Court of Iowa.

August 30, 1978.


Attorney(s) appearing for the Case

F. Richard Lyford of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., George W. Murray, Spec. Asst. Atty. Gen., and Beth S. Kerwin and Gerald A. Kuehn, Asst. Attys. Gen., for appellee.

Considered en banc.


REYNOLDSON, Chief Justice.

The question in this appeal is whether appellant N. F. Sorg, by permitting customers of area merchants to park without charge on his property, is operating a "parking lot" under our retail sales tax law. If so, Sorg must pay tax on sums contributed by those merchants for care, maintenance and use of the lot. District court affirmed the Department of Revenue director's order sustaining the sales tax assessment. We reverse.

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