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SAFEWAY STORES, INC. v. DIRECTOR OF REVENUE

No. 46,875

211 Kan. 594 (1973)

506 P.2d 1124

SAFEWAY STORES, INC., Appellee, v. DIRECTOR OF REVENUE OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

Robert L. Deam, of Topeka, argued the cause, and William L. Harris, Jr., and Gerald W. Hill, both of Topeka, were on the brief for the appellant.

Milton C. Clarke, of Swanson, Midgley, Eager, Gangwere and Thurlo, of Kansas City, Mo., argued the cause, and Warren W. Shaw, of Shaw, Hergenreter, Quarnstrom and Wright, of Topeka, was with him on the brief for the appellee.

MEMORANDUM OPINION

TAXATION — Computing Tax.

Per Curiam:

This is an appeal by the state director of revenue from the trial court's decision which overturned a board of tax appeals' ruling favorable to the director. During the period in question the Kansas retailers' sales tax act (K.S.A. 79-3601, et seq.) imposed a tax of 3% on the selling price of certain commodities, "selling price" being defined as the total cost to the...

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