NCAA v. KANSAS DEPT. OF REVENUE

No. 63,293

245 Kan. 553 (1989)

781 P.2d 726

THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Supreme Court of Kansas.

Opinion filed October 27, 1989.


Attorney(s) appearing for the Case

C.W. Crumpecker, Jr., of Swanson, Midgley, Gangwere, Clarke & Kitchin, of Kansas City, Missouri, argued the cause, and Daniel F. Kellogg, of the same firm, and Robert C. Londerholm, of Hackler, Londerholm, Corder, Martin & Hackler, of Olathe, were with him on the brief for appellant.

James Bartle, of Kansas Department of Revenue, argued the cause, and Mark A. Burghart, general counsel, was with him on the brief for appellee.


The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the National Collegiate Athletic Association (NCAA) from an order of the Board of Tax Appeals (BOTA) denying the NCAA an exemption from payment of sales taxes on its purchases.

The statute under which the NCAA claims exemption is K.S.A. 1988 Supp. 79-3606, which provides:

"The following shall be exempt from the tax imposed by this act:

....

"(c...

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