Missouri Supreme Court denies tax break for convenience stores

Tuesday, March 6, 2012 | 5:53 p.m. CST

JEFFERSON CITY — Missouri's highest court says convenience stores cannot claim a tax break on the electricity used to prepare food.

The Supreme Court's decision Tuesday hinged on whether the act of warming or cooking food qualified as "processing" a product. If so, then the electricity used for food preparation could qualify for a state sales tax exemption.

In a 5-2 decision, the state Supreme Court ruled that food preparation was not "processing" and the tax break could not be claimed.

Casey's General Stores had sought the tax break for one month of electricity used at stores in Grain Valley and Greenwood.

The Missouri Department of Revenue said it did not have a specific figure for what might have been owed to Casey's or to other companies that might have made similar claims.

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