SEARS, ROEBUCK & CO. v. SEARS, TAX ASSESSOR


561 A.2d 172 (1989)

SEARS, ROEBUCK & COMPANY v. STATE TAX ASSESSOR.

Supreme Judicial Court of Maine.

Decided June 22, 1989.


Attorney(s) appearing for the Case

Elizabeth G. Stouder, Edwin A. Heisler, (orally), Richardson & Troubh, Portland, for plaintiff.

Clifford B. Olson (orally), Asst. Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and ROBERTS, GLASSMAN, CLIFFORD and HORNBY, JJ.


ROBERTS, Justice.

Sears, Roebuck & Co. appeals from a judgment of the Superior Court (Cumberland County, Alexander, J.) affirming the deficiency assessment of the State Tax Assessor for Sears' income tax for the four fiscal years prior to 1983. Because we agree that the Assessor erred in using the combined reporting method to determine Sears' pre-1983 tax liability, we vacate the judgment.

I.

The facts and procedure are undisputed and...

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