MISSOURI PACIFIC RAILROAD CO. v. McDONALD

No. 46,045

207 Kan. 744 (1971)

486 P.2d 1347

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. JAMES T. McDONALD, DIRECTOR OF REVENUE OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 16, 1971.


Attorney(s) appearing for the Case

Ralph M. Hope, of Lilleston, Spradling, Gott, Stallwitz and Hope, of Wichita, argued the cause and was on the briefs for the appellant.

O.F. Baldwin, of Topeka, argued the cause, and William L. Harris, Jr., of Topeka, was with him on the brief for the appellee.


The opinion of the court was delivered by

HARMAN, C.:

This is an appeal from a judgment upholding a state board of tax appeals order denying refund of state income taxes paid by a railroad company for the years 1962 through 1965.

The issues on appeal are whether certain statutes providing for the method of income tax computation are constitutionally invalid as an unlawful delegation of legislative power or because they are discriminatory and deny equal...

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