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PABST BREWING v. REVENUE DEPT.

No. 84-716.

130 Wis.2d 291 (1986)

387 N.W.2d 121

PABST BREWING COMPANY, Petitioner-Respondent, v. WISCONSIN DEPARTMENT OF REVENUE, Appellant.

Court of Appeals of Wisconsin.

Decided March 25, 1986.

Attorney(s) appearing for the Case

For the appellant there were briefs by Bronson C. La Follette, attorney general, and Gerald S. Wilcox, assistant attorney general, and oral argument by Gerald S. Wilcox.

For the petitioner-respondent there was a brief by Frank J. Pelisek and James E. Schacht, and Michael, Best & Friedrich of Milwaukee, and oral argument by Frank J. Pelisek.

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

GARTZKE, P.J.

The Wisconsin Department of Revenue appeals from a judgment reversing the Tax Appeals Commission's decision upholding the department's assessment of additional franchise tax against Pabst Brewing Company. The issue is whether Pabst's sales of beer to out-of-state wholesalers who pick up the beer at its Milwaukee plant for out-of-state distribution are sales "in this state" under sec. 71.07(2)(c)2, Stats. We conclude that because the location of the purchasing...

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