MAC AMUSEMENT CO. v. DEP'T OF REVENUE

No. 46980-6.

95 Wn.2d 963 (1981)

633 P.2d 68

MAC AMUSEMENT COMPANY, ET AL, Respondents, v. THE DEPARTMENT OF REVENUE, Appellant.

The Supreme Court of Washington, En Banc.

August 27, 1981.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, Leland T. Johnson, Senior Assistant, and Michael Madden, Assistant, for appellant.

Bogle & Gates, John T. Piper, and James H. Lowe, for respondents.

Norm Maleng, Prosecuting Attorney, William C. Severson, Deputy, Douglas N. Jewett, City Attorney, and Jorgen G. Bader, Assistant, amici curiae for respondents.

Fenton P. Wilkinson on behalf of Alpine/Burtco, amicus curiae.


UTTER, J.

Mac Amusement Company and Mackey & Aubin Concessions Company (hereinafter MAC) brought this action, seeking a refund of taxes assessed pursuant to RCW 82.29A. RCW 82.29A provides for a 12 percent tax, assessed against lessees, on the rent paid for publicly owned property. The trial court held that the rent attributable to favorable location and to monopoly rights is not taxable under that chapter. As to favorable location, we disagree.

MAC is...

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