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KOLLASCH v. ADAMANY

No. 79-1579.

104 Wis.2d 552 (1981)

313 N.W.2d 47

Sisters Mary Joanne KOLLASCH, Mary David Walgenbach, Mary Raphael Hilger, Mary Concepta Tritz, Mary Philomena Head, Mary Baptista Schlitz, Mary Camillus Vandervoorde, Mary Grace Verzani, Mary Cora Marie Kesner, Mary Patricia Delaney, Mary Agatha Bermel, Mary Margaret Mary Finney, Mary Helen Goebel, Mary Martha Glaser, Mary Joyce Jungles, Mary Loretta Harvey, Mary Danielle Walgenbach, Mary Marian Siedschlag, Mary Sylvia Kimberley, and Sisters of St. Benedict, of Madison, Wisconsin, a Wisconsin corporation, Plaintiffs-Appellants-Petitioners, v. David W. ADAMANY, Secretary of the Department of Revenue, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided December 1, 1981.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Trayton L. Lathrop, Michael J. Lawton, Michael H. Barton, Shelly J. Safer, Mary B. Lathrop and Isaksen, Lathrop, Esch, Hart & Clark, and oral argument by Trayton L. Lathrop, all of Madison.

For the respondents the cause was argued by Gerald S. Wilcox, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, John E. Armstrong and E. Weston Wood, assistant attorneys general.

Reversing and remanding 99 Wis.2d 533, 299 N.W.2d 891.

DAY, J.

The question is, are the Sisters of St. Benedict, in carrying out their religious work subject to the Wisconsin sales tax for that portion of charges made to guests for lodging, food and use of facilities which is allocable to meals?

The majority of the court concludes that the Sisters in furnishing meals to their...

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