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IN RE TAX APPEAL OF FEDERAL DEPOSIT INS. CORP.

No. 66,097

249 Kan. 752 (1991)

822 P.2d 627

IN THE MATTER OF THE APPEAL OF FEDERAL DEPOSIT INSURANCE CORPORATION FROM AN ORDER OF THE DIRECTOR OF TAXATION ON ASSESSMENT OF PRIVILEGE TAX FOR FARMERS AND MERCHANTS STATE BANK OF RUSH COUNTY, KANSAS.

Supreme Court of Kansas.

Opinion filed December 6, 1991.

Attorney(s) appearing for the Case

W. Dennis Cross, of Morrison & Hecker, of Kansas City, Missouri, argued the cause, and Ben W. Hobert, of the same firm, and George F. Crawford, of the same firm, of Overland Park, were with him on the briefs for appellant FDIC.

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

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an appeal by the Federal Deposit Insurance Corporation (FDIC) from an order of the Board of Tax Appeals (BOTA) affirming the decision of the Director of Taxation (Director) of the Kansas Department of Revenue (Department) denying FDIC's claim for a refund of privilege taxes based upon a redetermination of the Farmers and Merchants State Bank's (Bank) taxable income for the years 1975 through...

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