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IN RE TAX APPEAL OF McKEE

No. 69,253

19 Kan. App. 2d 43 (1993)

861 P.2d 1386

In the Matter of the Appeal of BRUCE McKEE d/b/a McKEE POOL & LANDSCAPE from a Notice of Assessment of Additional Retailers' Sales Tax Dated April 28, 1989.

Court of Appeals of Kansas.

Opinion filed November 5, 1993.

Attorney(s) appearing for the Case

Bruce D. Woolpert, of Hardesty & Puckett and Woolpert, of Topeka, for appellant Bruce McKee.

Frank Reeb, Michael M. Rehm, and Mark A. Burghart, general counsel, of Kansas Department of Revenue, for appellee.

Before LARSON, P.J., ELLIOTT and PIERRON, JJ.

LARSON, J.:

Bruce McKee d/b/a McKee Pool and Landscape appeals an order of the Board of Tax Appeals (BOTA) finding that labor services involved in the construction and installation of 18 in-ground outdoor swimming pools were not exempt from sales tax pursuant to K.S.A. 79-3603(p).

McKee's primary business is the construction and installation of swimming pools and other related work. The Kansas Department of Revenue Division of Taxation (KDR) conducted a field...

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