JOHNSON BROS. WH. LIQUOR v. COM'R OF REVENUE

No. C2-86-1809.

402 N.W.2d 791 (1987)

JOHNSON BROTHERS WHOLESALE LIQUOR COMPANY, Intercontinental Packaging Company, and Twin City Wine Company, Relators, v. COMMISSIONER OF REVENUE, Respondent.

Supreme Court of Minnesota.

March 20, 1987.


Attorney(s) appearing for the Case

Bert M. Gross, Mark R. Geier, Minneapolis, for relators.

Thomas K. Overton, Sp. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for respondent.

Heard, considered and decided by the court en banc.


YETKA, Justice.

This case is brought as an appeal from the tax court by certain taxpayers who successfully challenged the constitutionality of a Minnesota wine excise tax, but who were denied the remedy of a refund of past excise taxes paid. We affirm the tax court.

Since 1934, Minnesota has imposed an excise tax on wines. See Minn.Stat. § 297C.02 (1986). In 1980, Minnesota passed a statute that set lower excise taxes on wine manufactured from...

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