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TETRA TECH EC, INC. v. WI DEPT. OF REVENUE

Appeal No. 2015AP2019.

890 N.W.2d 598 (2016)

2017 Wi.App. 4

TETRA TECH EC, INC., and Lower Fox River Remediation LLC, Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF REVENUE, Respondent-Respondent.

Court of Appeals of Wisconsin.

DATED AND FILED December 28, 2016.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Frederic J. Brouner , Donald Leo Bach and Barret V. Van Sicklen of DeWitt Ross & Stevens, S.C., Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of Brian P. Keenan , assistant attorney general, and Brad D. Schimel , attorney general.

Before Stark, P.J., Hruz and Seidl, JJ.

¶ 1 In this sales and use tax case, the Tax Appeals Commission concluded: (1) Stuyvesant Dredging, Inc.'s (SDI) activity of separating dredged material from the Fox River into its constituent parts constituted "processing" of tangible personal property under WIS. STAT. § 77.52(2)(a)11. (2007-08),1

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