Alberici Constructors, Inc. v. Dir. of Revenue
Annotate this CaseIn 2010, Alberici Constructors, Inc. sought a use tax refund for use taxes paid on out-of-state crane and welder rentals it used to install and construct manufacturing equipment at a new cement manufacturing plant in Missouri. Alberici also sought a use tax refund for the delivery of one of the cranes to the manufacturing job site. The Administrative Hearing Commission (AHC) denied Alberici’s claim for a refund of use taxes paid, finding, inter alia, that the cranes and welder were exempt from the imposition of use tax under Mo. Rev. Stat. 144.030.2(5). The Supreme Court affirmed, holding (1) Alberici owed use taxes on the rentals of the cranes and the welder because the the term “materials” in section 144.030.2(5) does not include machinery such as cranes and welders; and (2) the delivery service was a part of the crane rental, and therefore, the delivery charge was subject to the use tax.
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