Department of Revenue v. Yacht Futura Corp.

SMITH, Chief Judge.

The Department of Revenue (DOR) appeals a final summary judgment declaring its use tax assessment against Yacht Futu-ra Corporation (YFC) null and void. We affirm.

Except for the characterization of a five-day trip which will be more fully explained below, the facts of this case are not in dispute. YFC is a Delaware Corporation with its principal place of business in Cleveland, Ohio. On or about July 3, 1984, YFC purchased a 97-foot motor yacht named Futura from Broward Marine Corporation, a corporation having a boat yard in Florida. The yacht was built in Sawgatuck,…