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REV. DEPT. v. EAA AVIATION FOUNDATION

No. 87-0369.

143 Wis.2d 681 (1988)

422 N.W.2d 458

Wisconsin DEPARTMENT OF REVENUE, Petitioner-Appellant, v. EAA AVIATION FOUNDATION, INC., Respondent.

Court of Appeals of Wisconsin.

Decided February 25, 1988.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Alan Lee, assistant attorney general.

For the respondent the cause was submitted on the brief of Robert A. Schnur and James E. Schacht and Michael, Best & Friedrich, of Milwaukee.

Before Dykman, Eich and Sundby, JJ.

SUNDBY, J.

The department of revenue appeals that part of a judgment which affirms the tax appeals commission's decision that fees charged by the EAA Aviation Foundation, Inc., for parking are exempt from sales tax under sec. 77.54(9a), Stats. (1977 and 1979-80). We conclude that such fees are subject to sales tax and reverse that part of the judgment.

I.

BACKGROUND OF THE CASE

The EAA Aviation Foundation, Inc. is a nonstock corporation...

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