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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-119
- --------
- WISCONSIN DEPARTMENT OF REVENUE, PETI-
- TIONER v. WILLIAM WRIGLEY,
- Jr., CO.
- on writ of certiorari to the supreme court
- of wisconsin
- [June 19, 1992]
-
- Justice O'Connor, concurring in Parts I and II, and
- concurring in the judgment.
- I join sections I and II of the Court's opinion. I do not
- agree, however, that the replacement of stale gum served
- an independent business function. The replacement of stale
- gum by the sales representatives was part of ensuring the
- product was available to the public in a form that may be
- purchased. Making sure that one's product is available and
- properly displayed serves no independent business function
- apart from requesting purchases; one cannot offer a product
- for sale if it is not available. I agree, however, that the
- storage of gum in the State and the use of agency stock
- checks were not ancillary to solicitation and were not de
- minimis. On that basis, I would hold that Wrigley's income
- is subject to taxation by Wisconsin.
-