BAYER v. JOHNSON

No. 14314.

349 N.W.2d 447 (1984)

Barry E. BAYER, Petitioner and Appellant, v. R. Van JOHNSON, Secretary of Revenue for the State of South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided June 13, 1984.

Rehearing Denied July 19, 1984.


Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen & Wilka, Sioux Falls, for petitioner and appellant; Karen E. Bjerke, Sioux Falls, on brief.

John Dewell, Asst. Atty. Gen., Pierre, for respondent and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


FOSHEIM, Chief Justice.

This is an administrative appeal from a decision of the South Dakota Secretary of Revenue (Secretary) which denied Barry E. Bayer's application for a refund of sales tax paid under protest. The circuit court affirmed the Secretary. We reverse.

Appellant candidly states he is engaged in the bookmaking business and the facts seem essentially undisputed. SDCL 10-45-5.2, by reference, subjects bookmaking to the retail sales and service...

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