BRAVERN RESIDENTIAL v. STATE, DEPT. OF REV.

No. 44730-4-II.

334 P.3d 1182 (2014)

BRAVERN RESIDENTIAL, II, LLC, Appellant v. STATE of Washington, DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Washington, Division 2.

September 23, 2014.


Attorney(s) appearing for the Case

Scott M. Edwards , Daniel A. Kittle , Lane Powell PC, Seattle, WA, for Appellant.

Rosann Fitzpatrick , Washington Attorney General, Charles E. Zalesky , Attorney General of Washington, Olympia, WA, for Respondent.


MAXA, J.

¶ 1 Bravern Residential II, LLC (Bravern) appeals the trial court's summary judgment order dismissing its refund action against the Department of Revenue (Department) for retail sales and business and occupation (B & O) taxes payable on construction services performed by one of its members, PCL Construction Services, Inc., (PCL) on property Bravern owned. Under WAC 458-20-170(2), a "speculative builder" — a contractor that builds on property...

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