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(Download) "In re Tax Appeal of A.M. Castle & Co." by Supreme Court of Kansas # Book PDF Kindle ePub Free

In re Tax Appeal of A.M. Castle & Co.

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eBook details

  • Title: In re Tax Appeal of A.M. Castle & Co.
  • Author : Supreme Court of Kansas
  • Release Date : January 08, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

The opinion of the court was delivered by This is an appeal by the Kansas Department of Revenue (the Department) from an order of the Kansas Board of Tax Appeals (the BOTA) which denied an additional assessment of income tax asserted by the Department against A.M. Castle & Co. (Castle) for the years 1977 through 1979. The denial of the assessment was based upon a determination by the BOTA that Castle and its wholly-owned subsidiary, Hy-Alloy Steels Company (Hy-Alloy), were not conducting a unitary business during the tax period. In 1982, the Department determined that Castle and Hy-Alloy were conducting a unitary business during calendar years 1977 through 1979. The Department prepared a combined report for Castle and Hy-Alloy, pursuant to K.S.A. 79-32,141, and assessed additional corporate income taxes against Castle in the amount of $24,698. After discovery and a formal hearing, the Director of Taxation upheld the assessment. Castle appealed to the BOTA and, on August 10, 1988, the BOTA reversed the Director's finding that Castle and Hy-Alloy were unitary and ordered the assessment of additional income taxes abated. The Department appealed the decision of the BOTA to the Kansas Court of Appeals (K.S.A. 1988 Supp. 74-2426[c][3]), and the case was transferred to the Supreme Court pursuant to K.S.A. 20-3018(c).


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