Legal Opinion

Lacey Nursing Center, Inc. v. Department of Revenue

Court of Appeals of Washington

Decided October 27, 2000No. Nos. 24612-l-II; 24894-8-IIPublishedCited by 3 opinions

1Opinion of the CourtArmstrong, C.J.

Lacey Nursing Center, Inc., Olympic Health Services, Inc., and Sherwood Manor, Inc. (Taxpayers) are for-profit nursing homes that seek refunds of business and occupation (B&O) taxes for the period 1989 through 1992. Taxpayers claim an exemption from B&O taxes for that portion of their revenue derived from the “lease” of rooms to residents. This claim is based on the sale-of-real-estate exemption under RCW 82.04.390 and WAC 458-20-118 (Rule 118) that includes proceeds derived from renting or leasing property. Taxpayers argue that they are entitled to a presumption that they lease rather than…

2Cases cited14 opinions

  1. Garrison v. Washington State Nursing BoardWashington Supreme Court · 1976
  2. All Seasons Living Centers, Inc. v. StateWashington Supreme Court · 1995
  3. In Re Sehome Park Care Center, Inc.Washington Supreme Court · 1995
  4. Bour v. JohnsonWashington Supreme Court · 1993
  5. Black v. StateWashington Supreme Court · 1965

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3Cited by3 opinions

  1. Lacey Nursing Ctr. v. STATE, DEPT. OF REV.Court of Appeals of Washington · 2000
  2. State v. SimmonsCourt of Appeals of Washington · 2002
  3. State v. SimmonsCourt of Appeals of Washington · 2002

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