Big Al's Towing & Recovery v. State, Department of Revenue
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The Supreme Court reversed the decision of the district court holding that three roadside services offered by Big Al's Towing and Recovery were taxable under Wyo. Stat. Ann. 37-15-103(a)(i)(J), holding that the Wyoming Board of Equalization correctly concluded that the roadside services were not taxable under the statute.
At issue were Big Al's roadside services for jumping-starting a vehicle, unlocking a vehicle, and replacing a flat tire with a spare tire. The Wyoming Department of Revenue determined that Big Al's owed taxes and interest on the roadside assistance revenue it collected between 2016 to 2019. The Board reversed, concluding that the roadside services did not constitute a taxable event. The district court reversed, ruling that the services were taxable under section 39-15-103(a)(I)(J). The Supreme Court reversed, holding that the Board's decision that Big Al's roadside services were not taxable under the statute was in accordance with law.
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