12 CSR 10-3.332
United States Government Suppliers (Rescinded November 30, 2000)
AUTHORITY: section 144.270, RSMo 1994. S.T. regulation 030-42
was last filed Dec. 31, 1975, effective Jan. 10, 1976. Refiled March
30, 1976. Amended: Filed Aug. 13, 1980, effective Jan. 1, 1981.
Rescinded: Filed May 24, 2000, effective Nov. 30, 2000.
State ex rel. Thompson-Stearns-Roger v. Schaffner, 489 SW2d
207 (1973). The legislature’s repeal of old section 144.261 and
enactment of new section 144.261 abolished the need for review by
the tax commission before judicial review could be sought. Act can
only properly be held to have intended to restore the prior system
of direct judicial review, without intervening administrative
review, of the director’s (of revenue) decisions in sales tax matters.
Therefore, after the director had rejected claimant’s request for
refund of sales and use tax, claimant was entitled to direct judicial
review by mandamus, without need to seek review of decision by
State Tax Commission.