150.040. Tax, computed how — exemptions. — Merchants shall pay an ad valorem tax equal to that which is levied upon real estate on the amount of all goods, wares and merchandise, except for grain and other agricultural crops in an unmanufactured condition, as defined in section 137.010, which are subject to assessment, valuation, and taxation under subsection 3 of section 137.115, which they may have in their possession or under their control, whether owned by them or consigned to them for sale, on January first of each year; provided, that no commission merchant shall be required to pay any tax on any unmanufactured article, the growth or produce of this or any other state, which may have been consigned for sale, and in which he has no ownership or interest other than his commission.
Notes of Decisions
Boyd-Richardson Co. v. Leachman, 615 S.W.2d 46 (Mo. 1981).
· cites it 7× “§ 150.040 RSMo 1978. Section 150.-320 similarly taxes manufacturers on raw materials, finished products, tools, machinery and appliances on hand during the same period.”
Leiser v. City of Wildwood, 59 S.W.3d 597 (Mo. Ct. App. 2001).
· cites it 2× “Wildwood relies on section 150.040(B) of this Code which mandates: “Any aggrieved party shall petition to the Board [of Administrative Review] for a review of any final decision of any City Officer, employee, board, commission or the Council.”
Mckay Buick, Inc. v. Love, 569 S.W.2d 740 (Mo. 1978).
· cites it 4× “This is an appeal from a declaratory judgment wherein the trial court held that § 150.040, RSMo Supp.1976, 1 a new statute enacted in 1976 to impose an ad valorem tax on new motor vehicles, is constitutional and that § 137.”
Stout Indus., Inc. v. Leachman, 699 S.W.2d 129 (Mo. Ct. App. 1985).
“Yet, the crux of plaintiffs’ argument in their brief, if not necessarily in their protest letters, 2 is not limited to an attack on the constitutionality of these taxing statutes.”
Ray Smith Ford Sales, Inc. v. Mitchell, 651 S.W.2d 487 (Mo. 1983).
· cites it 18× “This case questions the Merchants License Tax for the year 1979 under § 150.040, RSMo 1978, and because it involves the construction of the revenue laws of the State, it falls within our direct appellate jurisdiction.”
McKay Buick, Inc. v. Spradling, 529 S.W.2d 394 (Mo. 1975).
“Motor vehicle dealers were subject to the same ad valorem property tax as other merchants and the tax on their motor vehicles and their stock of goods, wares and merchandise was computed in accordance with § 150.040 which provides: 150.040. Amount of tax to be paid Merchants…”
Lemay Plastics Div. v. Leachman, 613 S.W.2d 216 (Mo. Ct. App. 1981).
“As grounds for their entitlement for relief they alleged that § 150.040 and § 150.310 violated art. X, § 4(a) of the Missouri Constitution and the St.”
Kansas City S. Ry. Co. v. Garvey, 592 S.W.2d 703 (Mo. 1979).
“§ 150.040. The manufacturers’ tax is measured by the “greatest amount of raw material and finished products, as well as all the tools, machinery and appliances used * * between the first Monday in January and the first Monday in April * * * § 150.”
Mo. Rev. Stat. § 150.040(B): 1 case
Leiser v. City of Wildwood, 59 S.W.3d 597 (Mo. Ct. App. 2001).
“Wildwood relies on section 150.040(B) of this Code which mandates: “Any aggrieved party shall petition to the Board [of Administrative Review] for a review of any final decision of any City Officer, employee, board, commission or the Council.”
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