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RICE INSULATION, INC. v. DEPT. OF REV.

No. 82-2094.

115 Wis.2d 513 (1983)

340 N.W.2d 556

RICE INSULATION, INC., Plaintiff-Appellant, v. Wisconsin DEPARTMENT OF REVENUE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 10, 1983.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Charles E. Burroughs and Jack Meyer and Purtell, Purcell, Wilmot & Burroughs, S.C. of Milwaukee.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and John C. Murphy, assistant attorney general.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

The Tax Appeals Commission upheld the Department of Revenue's assessment of a use tax against Rice Insulation Company. Rice appeals from a judgment affirming the Tax Appeals Commission's order. We affirm.

Rice bought insulation materials from a manufacturer without paying the sales tax. It gave the manufacturer resale certificates stating the materials were to be resold to a tax exempt entity. Rice then contracted to sell the materials to St. Michael...

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