SIOUX FALLS NEWSPAPERS v. SEC'Y OF REV.

No. 15855.

423 N.W.2d 806 (1988)

In the Matter of the State Sales and Use Tax Liability for SIOUX FALLS NEWSPAPERS, INC., License No. 51-12054-OS Sioux Falls Newspapers, Inc., Licensee and Appellee, and Lewis Drugs, Inc., Intervenor, v. SECRETARY OF REVENUE, and The South Dakota Department of Revenue, Licensor and Appellant.

Supreme Court of South Dakota.

Decided April 27, 1988.

Rehearing Denied June 6, 1988.


Attorney(s) appearing for the Case

Jon E. Arneson, Sioux Falls, for licensee and appellee.

Rita D. Haverly of Hagen & Wilka, P.C., Sioux Falls, for intervenor.

Gene R. Woodle, Asst. Atty. Gen., Pierre, for licensor and appellant; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.


SABERS, Justice.

The Department of Revenue (Department) appeals a circuit court decision which reversed an administrative determination of sales tax on retail printing charges and use tax on syndicated materials. We agree with Department's assessment of sales tax on printing charges but disagree on use tax on syndicated materials.

Facts

Department conducted a sales and use tax audit of the Sioux...

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