Mississippi Supreme Court

Toolpushers Supply Co. v. Mississippi Department of Revenue

February 22, 2024

Summary

The court affirmed the tax assessment and summary judgment for the Mississippi Department of Revenue. It held that amended Section 27-77-7 requires de novo judicial review of Board of Tax Appeals decisions, and that the Court of Appeals’ reference to the former deferential standard was error but not reversible because the chancery court applied the correct standard. On the merits, the court held that a wholesale-sale exemption requires both a good-faith sale to a retailer that regularly resells the property and a purchaser licensed under Section 27-65-27; a license alone did not create a fact issue.