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DEPT. OF REVENUE v. DOW JONES & CO.

No. 88-0989.

148 Wis.2d 872 (1989)

436 N.W.2d 921

Wisconsin DEPARTMENT OF REVENUE, Petitioner-Appellant, v. DOW JONES & COMPANY, INC., Respondent.

Court of Appeals of Wisconsin.

Decided January 26, 1989.

Attorney(s) appearing for the Case

For the petitioner-appellant there were briefs by Donald J. Hanaway, attorney general, and Gerald S. Wilcox, assistant attorney general, and oral argument by Gerald S. Wilcox, assistant attorney general.

For the respondent there were briefs by Kent I. Carnell and Jerome M. Ott, and Lawton & Cates, S.C., of Madison, and Charles F. Feldman and Richard J. Tofel and Gibson, Dunn & Crutcher, of New York, New York, and oral argument by Richard J. Tofel.

Before Dykman, Eich and Sundby, JJ.

DYKMAN, J.

The Department of Revenue (DOR) appeals from a judgment affirming an order of the Tax Appeals Commission (TAC). The issue is whether Dow Jones Company, Inc., is required to pay sales tax on the teleprinters it provided to certain of its "news service" clients. TAC concluded that Dow Jones' provision of the teleprinters to its clients was incidental to the performance of a service within the meaning of Wis. Adm. Code, sec. Tax 11.67(1),

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