AMWAY CORP., INC. v. DIRECTOR OF REVENUE

No. 72155.

794 S.W.2d 666 (1990)

AMWAY CORPORATION, INC., Respondent, v. DIRECTOR OF REVENUE, Appellant.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing September 11, 1990.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., George Cox, Sp. Asst. Atty. Gen., Jefferson City, for appellant.

Lawrence H. Weltman, Lori W. Jones, St. Louis, for respondent.


HOLSTEIN, Judge.

The Director of Revenue of Missouri (Director) appeals from an order of the Administrative Hearing Commission (AHC) denying the Director's assessment of income tax, interest and penalties against Amway Corporation, Inc. (Amway) for the fiscal years ending August 31 in 1978, 1979 and 1980. The questions presented are whether 15 U.S.C. § 381 or the United States Constitution prohibit Missouri from imposing an apportioned net income tax on Amway...

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