Legal Opinion

Tax Appeal of Baker & Taylor, Inc. v. Kawafuchi

Hawaii Supreme Court

Decided January 14, 2004No. 23376PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that Appellant Baker & Taylor, Inc. (Baker) is subject to the general excise tax of 4% under Hawaii Revised Statutes (HRS) § 237-13(2) 2 (1993) & (Supp. 1994) 3 on its sales made to the Hawai‘i State Library (the Library), but not subject to a use tax of 0.5% under HRS § 238-2(2) (1993) 4 on such transactions. Baker appeals from the March 29, 2000 orders and judgment of the Tax Appeal Court (the court) 5 denying Baker’s Motion for Summary Judgment and granting the Cross-Motion for Summary Judgment of Appellee State of Ha-wai'i Director of Taxation…

2Cases cited33 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  3. Quill Corp. v. North Dakota Ex Rel. HeitkampSupreme Court of the United States · 1992
  4. Bacchus Imports, Ltd. v. DiasSupreme Court of the United States · 1984
  5. Wisconsin v. J. C. Penney Co.Supreme Court of the United States · 1941

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3Cited by6 opinions

  1. Tax Appeal of Reel Hooker Sportfishing, Inc. v. State, Department of TaxationHawaii Intermediate Court of Appeals · 2010
  2. In re Tax Appeal of Travelocity.Com., L.P. v. Director of Taxation.Hawaii Supreme Court · 2015
  3. Tax Appeal of Subway Real Estate Corp. v. Director of TaxationHawaii Supreme Court · 2006
  4. Compusa Stores, LP v. Department of Taxation, State of Hawaii.Hawaii Supreme Court · 2011
  5. CompUSA Stores, L.P. v. State.Hawaii Supreme Court · 2018

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