JEFFERSON CITY, Mo. _ Missouri Supreme Court judges have ruled against what some called a tax loophole for doughnut holes.
The high court unanimously ruled Tuesday that the Krispy Kreme doughnut maker doesn’t qualify for a lower sales tax typically applied to grocery stores.
Groceries are taxed at 1 percent, while food at restaurants or otherwise made to be immediately eaten is taxed at 4 percent.
Krispy Kreme from 2003-2005 paid the 4 percent tax, but later tried to get a refund for doughnut sales. The company argued the doughnuts should be taxed at 1 percent because it said customers don’t always eat them immediately after purchasing them at Krispy Kreme shops.
Judges said that would allow a tax loophole for the doughnut-hole maker that wasn’t intended by lawmakers who created tax policies.