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TELEMARK DEVELOPMENT, INC. v. DOR,

No. 97-3133.

218 Wis.2d 809 (1998)

581 N.W.2d 585

TELEMARK DEVELOPMENT, INC., Petitioner-Appellant, v. DEPARTMENT OF REVENUE, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided April 30, 1998.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Catherine M. Doyle of McCarty, Lenz & Tolkan, S.C., of Milwaukee.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and F. Thomas Creeron III, assistant attorney general.

Before Eich, C.J., Dykman, P.J., and Vergeront, J.

EICH, C.J.

Telemark Development, Inc., appeals from an order affirming a decision of the Tax Appeals Commission. The commission ruled that Telemark's sales of "flexible" time-share interests in a condominium resort development are subject to sales tax.

Telemark argues on appeal that we should review the commission's decision de novo and conclude that the sales are not taxable. In the alternative, should we decide that the commission properly determined...

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