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AT&T v. SOUTH DAKOTA DEPT. OF REVENUE

No. 21906.

640 N.W.2d 752 (2002)

2002 SD 25

AT & T CORPORATION, Appellant, v. SOUTH DAKOTA DEPARTMENT OF REVENUE, Appellee.

Supreme Court of South Dakota.

Decided February 20, 2002.

Attorney(s) appearing for the Case

Patrick G. Goetzinger, Jennifer K. Trucano of Gunderson, Palmer, Goodsell and Nelson, Rapid City, South Dakota, for appellant.

Harvey M. Crow, Jr., Department of Revenue, Rapid City, South Dakota, for appellee.

KONENKAMP, Justice.

[¶ 1.] In this appeal challenging excise and sales tax assessments, we first address the question whether gross receipts from the sale and installation of telephone switching devices are subject to contractor's excise tax. We hold that even if the devices are not fixtures because they create no improvement to realty, their sale and installation are nonetheless subject to excise tax under the expanded reach of our revised tax laws. Second,...

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