Dot Foods, Inc. v. Department of Revenue

¶1 — This case involves a challenge to the Department of Revenue’s (Department) interpretation of RCW 82.04.423, which provides a tax exemption for certain out-of-state sellers. Until 2000, the Department treated Dot Foods, Inc., an out-of-state seller, as exempt from Washington’s business and occupation (B&O) tax. At all relevant times, Dot sold consumer and nonconsumer products through its direct seller’s representative, Dot Transportation, Inc. (DTI), and some of the consumer products ultimately ended up in permanent retail establishments. In 1999, in amending WAC 458-20-246, the…