Allied Marine Group v. Department of Revenue

STEVENSON, Judge.

Allied Marine Group, Inc. (“Allied”), a yacht retailer, appeals a final order of the Department of Revenue finding Allied liable for a “use tax” on one of its inventoried yachts (“the Tiara”), which Allied entered into a fishing tournament. We reverse.

The applicable statute defines a taxable “use” as:

the exercise of any right or power over tangible property incident to the ownership thereof, or interest therein, except that it does not include the sale at retail of that property in the regular course of business.

§ 212.02(20), Fla. Stat. (Supp.l996)(emphasis added).

The hearing…