JAMES v. INTERNATIONAL TEL. & TEL. CORP.

No. 63735.

654 S.W.2d 865 (1983)

Ray S. JAMES, Director of Revenue, Appellant, v. INTERNATIONAL TELEPHONE & TELEGRAPH CORP., et al., Respondent.

Supreme Court of Missouri, En Banc.

August 16, 1983.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Jay Daugherty, Steven H. Akre, Asst. Attys. Gen., Jefferson City, for appellant.

Rene L. Basile, Barbara E. Boettcher, New York City, Raymond E. Shane, St. Louis, for respondent.


WELLIVER, Judge.

The issue in this case is whether long-term capital gains income of respondent International Telephone & Telegraph Corporation (ITT) from the divestiture of four ITT subsidiaries pursuant to a consent decree constitutes "business income" or "nonbusiness income" for purposes of income allocation and apportionment pursuant to § 32.200, art. IV, RSMo 1969.1

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