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GRALL v. BUGHER

No. 92-2855.

181 Wis.2d 163 (1993)

511 N.W.2d 336

John GRALL, Steven Cridelich and Kimberly Cridelich, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants v. Mark BUGHER, Director of the Wisconsin Department of Revenue, on behalf of themselves and all others similarly situated, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 16, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Charles Barnhill and Sarah E. Siskind of Davis, Miner, Barnhill & Galland of Madison.

For the defendants-respondents the cause was submitted on the brief of James E. Doyle, attorney general, and Gerald S. Wilcox, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.

EICH, C.J.

John Grall and several other purchasers of new automobiles from Wisconsin dealers sued the Wisconsin Department of Revenue, claiming that the "manufacturers' rebates" they received in connection with their purchases should not have been subject to the five percent state sales tax. They argued that taxing the rebated amount violated their rights under the state and federal constitutions, and they sought recovery...

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