IN RE TAX APPEAL OF A.M. CASTLE & CO.

No. 62,954

245 Kan. 739 (1989)

783 P.2d 1286

In The Matter of the Appeal of A.M. CASTLE & CO. from a Notice of Assessment of Additional Corporate Income Tax.

Supreme Court of Kansas.

Opinion filed December 8, 1989.


Attorney(s) appearing for the Case

David Prager, III of the Kansas Department of Revenue, argued the cause and Mark A. Burghart, general counsel, was with him on the brief for appellant.

S. Lucky DeFries, of Schroeder, Heeney, Groff & Coffman, a professional association, of Topeka, argued the cause and was on the brief for appellee.

John K. Van De Kamp, attorney general of the State of California, Robert F. Tyler, supervising deputy attorney general, Robert D. Milam, deputy attorney general, and Benjamin F. Miller, counsel for multistate tax affairs, were on the amicus curiae brief for the California Franchise Tax Board.

Gene Corrigan, executive counsel, of Boulder, Colorado, was on the amicus curiae brief for the Multistate Tax Commission.

David L. Skidgel, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, F. Leo Faust and Albert D. Kramer, of Bartlesville, Oklahoma, and Herbert L. Awe and William L. Goldman, of Lee, Toomey & Kent, of Washington, D.C., were on the amicus curiae briefs for Phillips Petroleum Company.


The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the Kansas Department of Revenue (the Department) from an order of the Kansas Board of Tax Appeals (the BOTA) which denied an additional assessment of income tax asserted by the Department against A.M. Castle & Co. (Castle) for the years 1977 through 1979. The denial of the assessment was based upon a determination by the BOTA that Castle and its wholly-owned subsidiary, Hy-Alloy...

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