Legal Opinion

In Re the Sales Tax Liability of USA Tire Management Systems, Inc.

South Dakota Supreme Court

Decided January 27, 2016No. 27465Published

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] USA Tire Management Systems Inc. contests a sales .tax .assessment on gross receipts it received under a contract to “take title to, remove, and transport” tires and casings 1 from a foreclosed property that a bank was trying to sell. The circuit court affirmed the assessment. We affirm.

Facts and Procedural History ■

[¶2.] USA Tire sells used tires. It also re-purposes used tires and casings into water tanks, snowplows, and manure spreaders. Great Western Bank foreclosed on a Sioux Falls business that dealt in tires. USA Tire initially assisted Great Western in…

2Cases cited3 opinions

  1. In Re the State Sales & Use Tax Liability of Pam Oil, Inc.South Dakota Supreme Court · 1990
  2. Paul Nelson Farm v. South Dakota Department of RevenueSouth Dakota Supreme Court · 2014
  3. Mercer v. South Dakota Attorney General OfficeSouth Dakota Supreme Court · 2015

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