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IN RE APPEAL OF NEWS PUBLISHING CO.

No. 60,391

12 Kan. App. 2d 328 (1987)

743 P.2d 559

In the Matter of the Appeal of NEWS PUBLISHING COMPANY, INC., from an assessment of additional sales tax.

Court of Appeals of Kansas.

Opinion filed October 1, 1987.

Attorney(s) appearing for the Case

Mark Burghart and Nancy E. Freund, of Kansas Department of Revenue, of Topeka, for the appellant.

W.Y. Chalfant, of Branine, Chalfant & Hill, of Hutchinson, for the appellee.

Before BRISCOE, P.J., ROBERT L. GERNON, District Judge, assigned, and THOMAS W. REGAN, District Judge, assigned.

BRISCOE, J.:

The Kansas Department of Revenue appeals from an order of the Board of Tax Appeals (BOTA) abating a sales tax assessment against News Publishing Company, Inc., (News Publishing) the publishers of The Hays Daily News. At issue is whether News Publishing is liable for the sales tax which was collected or should have been collected by its newspaper carriers when the carriers sold the newspapers to their customers.

The majority of the newspapers published...

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