MCI AIRSIGNAL, INC. v. STATE BD. OF EQUALIZATION

Docket No. A050006.

1 Cal.App.4th 1527 (1991)

2 Cal. Rptr.2d 746

MCI AIRSIGNAL, INC., Plaintiff and Respondent, v. STATE BOARD OF EQUALIZATION, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

December 20, 1991.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Timothy G. Laddish, Assistant Attorney General, Richard F. Finn and Julian O. Standen, Deputy Attorneys General, for Defendant and Appellant.

Morrison & Foerster, Franklin C. Latcham, Charles J. Moll III and Steven E. Turner for Plaintiff and Respondent.


OPINION

DOSSEE, J.

This appeal presents an issue of first impression in California: whether the Sales and Use Tax Law applies to receipts from the furnishing of paging devices in conjunction with telephone paging services. We conclude it does not.

FACTS

During the years involved in this appeal, 1974-1981, MCI Airsignal, Inc., (hereafter MCI) was in the business of providing telephone paging services. Each customer...

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