ST. CLAIR-MACOMB CONSUMERS COOPERATIVE, INC. v. TREASURY DEPT.

Docket No. 77-111.

78 Mich. App. 287 (1977)

259 N.W.2d 462

ST. CLAIR-MACOMB CONSUMERS COOPERATIVE, INC. v. DEPARTMENT OF TREASURY, CORPORATION FRANCHISE FEE DIVISION

Michigan Court of Appeals.

Decided September 8, 1977.


Attorney(s) appearing for the Case

Dickinson, Wright, McKean, Cudlip & Moon (by Peter S. Sheldon), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard R. Roesch and Charles E. Liken, Assistants Attorney General, for defendant.

Before: D.F. WALSH, P.J., and QUINN and H.D. STAIR, JJ.


PER CURIAM.

Defendant appeals. Plaintiff recovered judgment against defendant in the Court of Claims. The judgment represented the full amount of a deficiency in franchise fees for the years 1967-1972 paid by plaintiff following a field audit and a redetermination, which confirmed the field audit. The deficiency arose from a finding that plaintiff was a profit rather than a non-profit corporation, but the parties have stipulated that the profit or non-profit status...

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