Legal Opinion · Concurring in part, dissenting in part

Milwaukee Symphony Orchestra, Inc. v. Wisconsin Department of Revenue

Wisconsin Supreme Court

Decided May 5, 2010No. 2008AP1684Published

1Concurring in part, dissenting in partPatience Drake Roggensack, J.

¶ 114. (concurring!dissenting). I concur with the conclusion reached by the majority opinion that tickets to the *113Milwaukee Symphony Orchestra's Classical and Pops Concerts are taxable under Wis. Stat. § 77.52(2)(a)2. However, because I conclude that the Youth Concerts1 are not primarily entertainment within the meaning of § 77.52(2)(a)2., I also conclude that the Youth Concerts are not taxable events thereunder. Accordingly, I dissent from that portion of the majority opinion that decides that the sale of tickets to Youth Concerts are subject to sales tax under § 77.52(2)(a)2.

I. BACKGROUND

¶…

2Cases cited13 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. UFE Inc. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1996
  3. Bruno v. Milwaukee CountyWisconsin Supreme Court · 2003
  4. Richards v. Badger Mutual InsuranceWisconsin Supreme Court · 2008
  5. County of Dane v. Labor & Industry Review CommissionWisconsin Supreme Court · 2009

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