EMERSON ELEC. CO. v. DIRECTOR OF REVENUE

No. SC 87146.

204 S.W.3d 642 (2006)

EMERSON ELECTRIC CO., Appellant, v. DIRECTOR OF REVENUE, Respondent.

Supreme Court of Missouri, En Banc.

November 7, 2006.


Attorney(s) appearing for the Case

Brenda L. Talent, Ann K. Covington, Susana J. Coronado, St. Louis, Edward F. Downey, Carole L. Iles, Jefferson City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., James R. Layton, State Solicitor, Alana M. Barragan-Scott, Asst. Atty. Gen., James L. Dpradlin, Jefferson City, for Respondent.


RONNIE L. WHITE, Judge.

I. Introduction

Emerson Electric Co. challenged the Director of Revenue's assessment of use tax paid on machinery used to design, prototype, and test new motors. The Administrative Hearing Commission (AHC) ruled that the assessment was proper and denied Emerson a refund. Emerson seeks review of the AHC's decision. The parties' central issue is whether the equipment is "used directly in manufacturing" to qualify for the sales/use tax...

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