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CENTERRE BANK v. DIRECTOR OF REVENUE

No. 69047.

744 S.W.2d 754 (1988)

CENTERRE BANK OF CRANE, et al., Petitioners, v. DIRECTOR OF REVENUE, State of Missouri, et al., Respondents.

Supreme Court of Missouri, En Banc.

January 20, 1988.

Attorney(s) appearing for the Case

Juan D. Keller, Thomas C. Walsh, St. Louis, for petitioners.

William L. Webster, Atty. Gen., Melodie A. Powell, Asst. Atty. Gen., Jefferson City, for respondents.

Duane Benton, Jefferson City, for intervenor respondent.

Joseph J. Russell, Cape Girardeau, amicus curiae.

ROBERTSON, Judge.

This appeal presents three questions: (1) whether Missouri's bank tax, Section 148.030, RSMo 1978, is a nondiscriminatory franchise tax which falls outside the prohibition of 31 U.S.C. sec. 3124(a) (1982) against taxing federal obligations or the interest thereon; (2) whether sales and use taxes paid by banks on purchases of tangible personal property are "taxes paid to the State of Missouri or any political subdivision thereof", Section 148.030...

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