Texaco Refining & Marketing, Inc. v. Department of Revenue

*390¶1

Bridgewater, J.

— Texaco Refining and Marketing, Inc. (Texaco), appeals from a summary judgment order that the Department of Revenue (DOR) employed the proper method of valuation for calculating the manufacturing business and occupation (B&O) tax on petroleum products exchanged with other refineries under barter agreements. We hold that RCW 82.04.450 requires that a product be valued by the gross proceeds of sale, but where there are no proceeds (as here where there is a barter) the product should be valued by comparable sales. Because that statute is unambiguous, the burden is on the…