annual tax privilege (Michigan) · Go Syfert
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annual tax privilege in Michigan

10 Michigan opinions name it 2 courts 1954–2026 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Elias Bros. Restaurants, Inc. v. Treasury Departmentgreen
mich · 1996 · cited in 1 Michigan opinions naming this issue, 2014–2014
2 sentences

2014Accordingly, we reverse the portion of the Court of Appeals’ decision that held that the use tax can never be levied on property if the purchase of that property was merely subject to sales tax. 3 MCL 205.94(1)(a). 4 MCL 205.51 et seq. 5 “[T]here is levied upon and there shall be collected from all persons engaged in the business of making sales at retail, by which ownership of tangible personal property is transferred for consideration, an annual tax for the privilege of engaging in that business equal to 6% of the gross proceeds of the business, plus the penalty and interest if applicable as

2014Accordingly, we reverse the portion of the Court of Appeals’ decision that held that the use tax can never be levied on property if the purchase of that property was merely subject to sales tax. 3 MCL 205.94(1)(a). 4 MCL 205.51 et seq. 5 “[T]here is levied upon and there shall be collected from all persons engaged in the business of making sales at retail, by which ownership of tangible personal property is transferred for consideration, an annual tax for the privilege of engaging in that business equal to 6% of the gross proceeds of the business, plus the penalty and interest if applicable as

11
May v. Toppinggreen
wva · 1909 · cited in 1 Michigan opinions naming this issue, 1959–1959
2 sentences

1959This resolution proposed that section 10 (of article 10) be amended by the people in sueh way as to authorize borrowing by the State of a sum not to exceed $100,-000,000 and, relevantly here, to authorize the legislature to “levy a sales tax of 1% in addition to and upon the same base as the sales tax authorized by section 23 of this article 10, which additional tax shall expire not later than June 30, 1961.” Finally, by house joint resolution “Y”, introduced May 14, 1959 , it was proposed by Representative O’Brien and another that said section 23 be submitted to the people for outright repeal

1959This resolution proposed that section 10 (of article 10) be amended by the people in such way as to authorize borrowing by the State of a sum not to exceed $100,000,000 and, relevantly here, to authorize the legislature to "levy a sales tax of 1% in addition to and upon the same base as the sales tax authorized by section 23 of this article 10, which additional tax shall expire not later than June 30, 1961." Finally, by house joint resolution "Y", introduced May 14, 1959 , it was proposed by Representative O'Brien and another that said section 23 be submitted to the people for outright repeal.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Mayor of Lansing v. Public Service Commission green
mich · 2004
2 sentences

2020No further judicial construction is required or permitted.’ ”) (citation omitted). 17 See Mayor of Lansing v Pub Serv Comm, 470 Mich 154, 164-166 ; 680 NW2d 840 (2004) (noting that ambiguity can occur if a statutory provision “ ‘irreconcilably conflict[s]’ with another provision” but that “a finding of ambiguity is to be reached only after ‘all other conventional means of [] interpretation’ have been applied and found wanting”) (citations omitted; alterations in original). 18 MCL 205.52(1) (providing, in pertinent part, that “there is levied upon and there shall be collected from all persons e

2020No further judicial construction is required or permitted.’ ”) (citation omitted). 17 See Mayor of Lansing v Pub Serv Comm, 470 Mich 154, 164-166 ; 680 NW2d 840 (2004) (noting that ambiguity can occur if a statutory provision “ ‘irreconcilably conflict[s]’ with another provision” but that “a finding of ambiguity is to be reached only after ‘all other conventional means of [] interpretation’ have been applied and found wanting”) (citations omitted; alterations in original). 18 MCL 205.52(1) (providing, in pertinent part, that “there is levied upon and there shall be collected from all persons e

22020–2020
Andrie Inc v. Department of Treasury green
mich · 2014
2 sentences

2026MCL 205.51(1)(b) defines “sale at retail” as “a sale, lease, or rental of tangible personal property for any purpose other than for resale, sublease, or subrent.” “[T]he legal responsibility for the sales tax falls on the retail seller . . . .” Andrie Inc v Dep’t of Treasury, 496 Mich 161, 169 ; 853 NW2d 310 (2014).

2026MCL 205.51(1)(b) defines “sale at retail” as “a sale, lease, or rental of tangible personal property for any purpose other than for resale, sublease, or subrent.” “[T]he legal responsibility for the sales tax falls on the retail seller . . . .” Andrie Inc v Dep’t of Treasury, 496 Mich 161, 169 ; 853 NW2d 310 (2014).

12026–2026
World Book, Inc v. Department of Treasury green
mich · 1999
2 sentences

2013World Book, Inc v Dep’t of Treasury, 459 Mich 403, 407 ; 590 NW2d 293 (1999).

2013World Book, Inc v Dep’t of Treasury, 459 Mich 403, 407 ; 590 NW2d 293 (1999).

12013–2013
MCI Telecommunications Corp. v. Department of Treasury green
michctapp · 1984
2 sentences

1985General Motors Corp v Detroit, 141 Mich App 630, 633 ; 368 NW2d 739 (1985), MCI Telecommunications Corp v Dep’t of Treasury, 136 Mich App 28, 30 ; 355 NW2d 627 (1984), Const 1963, art 6, § 28. *250 I The General Sales Tax Act, § 2, establishes the basis for the tax as follows: "Except as provided in section 2a, there is hereby levied upon and there shall be collected from all persons engaged in the business of making sales at retail, as defined in section 1, an annual tax for the privilege of engaging in that business equal to 4% of the gross proceeds thereof, plus the penalty and interest whe

1985General Motors Corp v Detroit, 141 Mich App 630, 633 ; 368 NW2d 739 (1985), MCI Telecommunications Corp v Dep’t of Treasury, 136 Mich App 28, 30 ; 355 NW2d 627 (1984), Const 1963, art 6, § 28. *250 I The General Sales Tax Act, § 2, establishes the basis for the tax as follows: "Except as provided in section 2a, there is hereby levied upon and there shall be collected from all persons engaged in the business of making sales at retail, as defined in section 1, an annual tax for the privilege of engaging in that business equal to 4% of the gross proceeds thereof, plus the penalty and interest whe

11985–1985
General Motors Corp. v. City of Detroit neutral
michctapp · 1985
2 sentences

1985General Motors Corp v Detroit, 141 Mich App 630, 633 ; 368 NW2d 739 (1985), MCI Telecommunications Corp v Dep’t of Treasury, 136 Mich App 28, 30 ; 355 NW2d 627 (1984), Const 1963, art 6, § 28. *250 I The General Sales Tax Act, § 2, establishes the basis for the tax as follows: "Except as provided in section 2a, there is hereby levied upon and there shall be collected from all persons engaged in the business of making sales at retail, as defined in section 1, an annual tax for the privilege of engaging in that business equal to 4% of the gross proceeds thereof, plus the penalty and interest whe

1985General Motors Corp v Detroit, 141 Mich App 630, 633 ; 368 NW2d 739 (1985), MCI Telecommunications Corp v Dep’t of Treasury, 136 Mich App 28, 30 ; 355 NW2d 627 (1984), Const 1963, art 6, § 28. *250 I The General Sales Tax Act, § 2, establishes the basis for the tax as follows: "Except as provided in section 2a, there is hereby levied upon and there shall be collected from all persons engaged in the business of making sales at retail, as defined in section 1, an annual tax for the privilege of engaging in that business equal to 4% of the gross proceeds thereof, plus the penalty and interest whe

11985–1985
Federal Reserve Bank v. Department of Revenue green
mich · 1954
2 sentences

1976Federal Reserve Bank of Chicago v Department of Revenue, 339 Mich 587 ; 64 NW2d 639 (1954).

1976Federal Reserve Bank of Chicago v Department of Revenue, 339 Mich 587 ; 64 NW2d 639 (1954).

11976–1976
Swain Lumber Co. v. Newman Development Co. green
mich · 1946
1 sentence

1968The State sales tax is a tax upon the seller and not the consumer as is evidenced in section 2 of the sales tax act * which reads in part as follows: “There is hereby levied upon and there shall be collected from all persons engaged in the business of making sales at retail, as hereinbefore defined, an annual tax for the privilege of engaging in such business equal to 4% of the gross proceeds thereof, plus the penalty and interest when applicable as hereinafter provided, less deductions allowed in sections 4 and 4a.” In a somewhat similar case, Swain Lumber Co. v. Newman Development Co. (1946)

11968–1968
James v. Dravo Contracting Co. green
scotus · 1937
2 sentences

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

11954–1954
Curry v. United States green
scotus · 1941
2 sentences

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

11954–1954
Alabama v. King & Boozer green
scotus · 1941
2 sentences

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

11954–1954
Penn Dairies, Inc. v. Milk Control Comm'n of Pa. green
scotus · 1943
2 sentences

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

11954–1954
Esso Standard Oil Co. v. Evans green
scotus · 1953
2 sentences

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

1954Defendant, in turn, urges as controlling the following: James v. Dravo Contracting Co., 302 US 134 ( 58 S Ct 208 , 82 L ed 155, 114 ALR 318 ); Alabama v. King & Boozer, 314 US 1 ( 62 S Ct 43 , 86 L ed 3, 140 ALR 615 ); Curry v. United States, 314 US 14 ( 62 S Ct 48 , 86 L ed 9); Penn Dairies, Inc., v. Milk Control Commission, 318 US 261 ( 63 S Ct 617 , 87 L ed 748); Esso Standard Oil Co. v. Evans, 345 US 495 ( 73 S Ct 800 , 97 L ed 1174).

11954–1954

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 205.51 (9) MI § Mich. Comp. Laws § 205.52 (9) MI § Mich. Comp. Laws § 205.91 (4) MI § Mich. Comp. Laws § 205.73 (3) MI § Mich. Comp. Laws § 205.93 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 10 (1954–2026) VT 3 (1944–1964) TN 2 (1960–1961) IL 2 (1919–1920)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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