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MICHAEL JAUDES FITNESS v. DIRECTOR OF REV.

No. SC 88605.

248 S.W.3d 606 (2008)

MICHAEL JAUDES FITNESS EDGE, INC., Appellant, v. DIRECTOR OF REVENUE, Respondent.

Supreme Court of Missouri, En Banc.

April 1, 2008.

Attorney(s) appearing for the Case

Scott R. Riley, Daniel J. Cook, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., James R. Layton, State Solicitor, Jefferson City, James L. Spradlin, Dept. of Revenue, Jefferson City, for respondent.

LAURA DENVIR STITH, Chief Justice.

Michael Jaudes Fitness Edge, Inc. ("Fitness Edge"), seeks review of the decision of the Administrative Hearing Commission (AHC) holding that the fees it receives from its clients are subject to sales tax pursuant to section 144.020.1(2).1 It argues that because the fees primarily cover the provision of personal training services, they should not be subject to tax under that section. To the contrary, the...

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