Paul Nelson Farm v. S.D. Dep’t of RevenueAnnotate this Case
Paul Nelson Farm (“Appellee”) operated an all-inclusive hunting lodge in South Dakota. The Department of Revenue and Regulation conducted an audit on Appellee and determined that Appellee owed unpaid use tax on food, beverages, and ammunition. Appellee argued that it was not required to pay use tax on those items because the food, beverages, and ammunition were not purchased for end use by Appellee but were instead purchased for resale to hunting lodge customers in Appellee’s ordinary course of business. The circuit court affirmed in part and reversed in part, concluding that Appellee was not required to remit use tax on the food but was required to remit use tax on the beverages and ammunition. The Supreme Court held that use tax was not properly imposed on any of the goods because the items were purchased for resale to Appellee’s customers in the regular course of business, and therefore, Appellee’s control and possession of the items did not constitute “use” as defined by S.D. Codified Laws 10-46-1(17).