12 CSR 10-3.296
Manufacturing Defined (Rescinded December 11, 1980)
AUTHORITY: section 144.270, RSMo 1978. S.T. regulation 030-25
was last filed Dec. 31, 1975, effective Jan. 10, 1976. Rescinded: Filed
Aug. 13, 1980, effective Dec. 11, 1980.
Wendy’s of Mid-America, Inc. v. Department of Revenue,
Case No. RS-79-0222 (A.H.C. 7/22/82). Machinery and equipment
used in fast food restaurants are not entitled to section 144.0302.
(4), RSMo exemption because fast food restaurants clearly do
not constitute manufacturing plants. Section 144.615(6), RSMo
exemption from use tax is applicable to foil, wax paper and bags
used in fast food restaurants because they are held solely to be
incorporated into products which are resold in the regular course
of taxpayer’s business.