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COMPTROLLER OF TREASURY v. BURN BRAE DINNER THEATRE CO.

No. 1707, September Term, 1986.

72 Md. App. 314 (1987)

528 A.2d 546

COMPTROLLER OF THE TREASURY v. BURN BRAE DINNER THEATRE CO., INC. T/A BURN BRAE DINNER THEATRE.

Court of Special Appeals of Maryland.

July 17, 1987.

Attorney(s) appearing for the Case

Linda Koerber Boyd, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Deborah B. Bacharach and Gaylin Soponis, Asst. Attys. Gen., on the brief), Baltimore, for appellant.

Robert K. Goren (Harvey A. Jacobs and Belli, Jacobs, Weil & Jacobs, on the brief), Rockville, for appellee.

Argued Before GILBERT, C.J., and MOYLAN and ALPERT, JJ.

ALPERT, Judge.

Appellant, Comptroller of the Treasury (the Comptroller), has taken this appeal from a judgment of the Circuit Court for Montgomery County affirming a decision of the Maryland Tax Court. The tax court had reversed an assessment against appellee, Burn Brae Dinner Theatre Company, Inc. (Burn Brae). The single issue presented is whether receipts derived from the sale of refreshments during intermission at a dinner theatre are subject to an admissions and...

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