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DIRECTOR OF REVENUE v. STATE AUDITOR

No. 58203.

511 S.W.2d 779 (1974)

The DIRECTOR OF REVENUE, James R. Spradling, successor in office to James E. Schaffner, Respondent, v. The STATE AUDITOR, John D. Ashcroft, successor in office to Christopher S. Bond, Appellant.

Supreme Court of Missouri, Division No. 1.

July 22, 1974.

Attorney(s) appearing for the Case

Leland B. Curtis, Gen. Counsel, Dept. of Revenue, Jefferson City, for respondent.

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for appellant.

HIGGINS, Commissioner.

Appeal by State Auditor from adverse decision in action by Director of Revenue for declaratory judgment. The question is whether the Auditor, in performance of his constitutional duty to postaudit the Department of Revenue, is entitled to access to individuals' tax returns in custody of the Department of Revenue and which are protected by law from disclosure by the Department.

The question arose from this background:

On March...

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