Does the sales tax of a person who has ceased operating his bakery business apply to the sale of bakery fixtures and equipment at retail?

California, United States of America


The following excerpt is from Sutter Packing Co. v. State Bd. of Equalization, 139 Cal.App.2d 889, 294 P.2d 1083 (Cal. App. 1956):

Appellant relies on Novak v. Redwine, 89 Ga.App. 755, 81 S.E.2d 222, a Georgia case wherein the sales tax of that state was held not applicable to the sale of bakery and store fixtures by a person who had ceased operating his bakery business. The court stated that the sole question was whether a casual and isolated sale at retail by a person not engaged in the selling of tangible personal property was taxable. The court concluded that it was not a transaction by a person engaged in the business of buying and selling bakery fixtures and equipment, and therefore not taxable. The cases in this state, however, prior to the amendments of 1947 did not exempt occasional sales made at retail. In the Georgia case the sale was a single, isolated sale, whereas in the present case the seller had admittedly been a retailer of used equipment since 1945.

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