TCF BANK SAV. FSB v. C.I.R.

No. CX-91-1992.

486 N.W.2d 756 (1992)

TCF BANK SAVINGS FSB, f/k/a TCF Banking and Savings, F.A., Relator, v. COMMISSIONER OF REVENUE, Respondent.

Supreme Court of Minnesota.

July 2, 1992.


Attorney(s) appearing for the Case

John W. Windhorst, Jr., William R. Goetz, Dorsey & Whitney, Minneapolis, for relator.

Hubert H. Humphrey, III, Atty. Gen., Gregory P. Huwe, Asst. Atty. Gen., Tax Litigation Div., St. Paul, for respondent.

Heard, considered and decided by the court en banc.


TOMLJANOVICH, Justice.

This case presents an issue of statutory construction. The question is whether mass-mailed business solicitation letters are publications regularly issued at intervals not exceeding three months and therefore entitled to an exemption from sales and use taxes under Minn.Stat. § 297A.25, subd. 10 (1990). After oral argument based on stipulated facts, the Tax Court upheld the Commissioner of Revenue's denial of an exemption. We affirm.

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