GOLDBERG v. STATE TAX COM'N

No. 62821.

639 S.W.2d 796 (1982)

Gerald H. GOLDBERG, Director of Revenue, State of Missouri, Petitioner-Respondent, v. STATE TAX COMMISSION, Respondent-Appellant.

Supreme Court of Missouri.

Rehearing Denied October 12, 1982.


Attorney(s) appearing for the Case

Jack S. Curtis, Springfield, for respondent-appellant.

John Ashcroft, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Jefferson City, for petitioner-respondent.

William D. Crampton, Thomas C. Walsh, Juan D. Keller, St. Louis, for Associated Industries of Missouri.

Lawrence H. Weltman, John P. Barrie, Lea A. Bailis, St. Louis, for Checker Food Products Co. and Swing-A-Way Mfg.

Ernest M. Fleischer, J. Scott Merritt, Jr., Steven J. Beilke, Kansas City, for Continental Disc Corp., et al.


WELLIVER, Judge.

The State Tax Commission appeals a circuit court judgment reversing its decision in favor of Paul Mueller Company, the real party in interest, and reinstating an assessment by the director of revenue of additional income tax against Mueller for the years 1972 through 1975. The issue is whether Mueller may, for purposes of determining its Missouri income tax liability, apportion the income it derived from the sale of goods to out-of-state customers...

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