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UNITED STATES v. STATE EX REL. BEKO

No. 6552.

493 P.2d 1324 (1972)

UNITED STATES of America et al., Appellants, v. The STATE of Nevada ex rel. William P. BEKO, District Attorney of Nye County, Nevada, Respondents.

Supreme Court of Nevada.

February 18, 1972.

Attorney(s) appearing for the Case

Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, William Massar, Daniel B. Rosenbaum, Dept. of Justice, Washington, D.C., Bart M. Schouweiler, U.S. Atty., John L. Endicott, Thomas B. Pitcher, Los Angeles, Cal., for appellant United States.

Robert W. Austin, John L. Thorndal, Las Vegas, Nev., for appellants Aerojet General Corp., Pan American World Airways, Inc., Catalytic Construction Co., Reynolds Electrical and Engineering Co., Inc., Shaft Drillers, Inc., and E.G. & G., Inc.

Robert List, Atty. Gen., William P. Beko, Dist. Atty., Peter L. Knight, Deputy Dist. Atty., Nye County, for respondent.

OPINION

ZENOFF, Chief Justice:

This is a taxpayer's suit challenging two taxing statutes, appellants' intention being to recover taxes paid under protest.

In 1965 the Nevada Legislature enacted two revenue statutes, NRS 361.157 and 361.159 (1965 Nev.Stats., ch. 432), which were designed to place on the county tax rolls property, otherwise exempt, utilized in connection with a business conducted for profit. Pursuant to this statute, the Nye County...

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