Opinion

Utah Concrete Products Corp. v. State Tax Commission

  • 101 Utah 513
  • 125 P.2d 408
  • 1942 Utah LEXIS 19
Court
Utah Supreme Court
Filed
Apr 25, 1942
Status
Published
Author
Larson
On the bench
Wolfe, Larson, Moffat, McDonough, Pratt
Cited by
22 cases
Authority
More cited than 2.2%

holding that sales made to contractor who builds roads for the state are not sales to the state and therefore are not exempt

How later courts described this case

  • holding that sales made to contractor who builds roads for the state are not sales to the state and therefore are not exempt
  • “[C]ontractors are consumers ... because they are the last persons in the chain to deal with such products before incorporation into a separate entity and before such products lost their identity as such.”

Written by the judges who cited it.

The opinion

LARSON, Justice

(concurring).

I am uncertain whether the opinion of Mr. Justice WOLFE is to be interpreted as disapproving the rule laid down in

Western Leather & Finding Co.

v.

State Tax Commission,

87 Utah 227 , 48 P. 2d 526 , or whether it is intended to reaffirm the doctrine therein laid down and distinguish this case from that one. I am unable to see any logical distinction or any sound or reasonable basis for distinguishing the two cases. I have always thought the Western Leather case unsound. If the holding in that case is still to

*523

stand as a correct statement of the law then the conclusions reached by Mr. Justice WOLFE, in the present case are unsound. It is because I think the decision in this cáse by necessary implication overrules and disapproves the Western Leather case that I concur herein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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