Legal Opinion

Kurtz Concrete, Inc. v. Spradling

Supreme Court of Missouri

Decided January 9, 1978No. 59919PublishedCited by 25 opinions

1Opinion of the Court

DONNELLY, Judge.

The issue on this appeal is whether hauling charges for redi-mix concrete are taxable under the Missouri Sales Tax Law. §§ 144.010-144.510, RSMo 1969. Kurtz Concrete, Inc., taxpayer, paid $9,512.77 for the period August 1, 1973, to July 31, 1974, under protest to the Department of Revenue, as sales tax on hauling charges on delivered concrete for that period.

Redi-mix concrete is composed of cement, coarse and fine aggregates, water, and possibly suitable add mixtures. Before the materials are added together in trucks at Kurtz’ plant, they are kept in bins above a weigh…

2Cases cited2 opinions

  1. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  2. East Brewton Materials, Inc. v. State, Dept. of RevenueCourt of Civil Appeals of Alabama · 1970

3Cited by25 opinions

  1. House of Lloyd, Inc. v. Director of RevenueSupreme Court of Missouri · 1992
  2. Hales Sand & Gravel, Inc. v. Audit Division of the State Tax CommissionUtah Supreme Court · 1992
  3. Shell Oil Co. v. Director of RevenueSupreme Court of Missouri · 1987
  4. Conagra Poultry Co. v. Director of RevenueSupreme Court of Missouri · 1993
  5. Blevins Asphalt Construction Co. v. Director of RevenueSupreme Court of Missouri · 1997

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