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MAY BROADCASTING CO. v. BOEHM

Nos. S-89-502, S-89-503.

490 N.W.2d 203 (1992)

241 Neb. 660

MAY BROADCASTING COMPANY, a Corporation, Appellee, v. John M. BOEHM, State Tax Commissioner, and the Nebraska Department of Revenue, Appellants.

Supreme Court of Nebraska.

October 9, 1992.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., and David Edward Cygan for appellants.

John C. Hewitt of Andersen, Berkshire, Lauritsen & Brower, for appellee.

Paul C. Jessen and M. Shaun McGaughey, of Koley, Jessen, Daubman & Rupiper, P.C., for amicus curiae Pappas Telecasting of the Midlands/KPTM.

Paul C. Jessen and M. Shaun McGaughey, of Koley, Jessen, Daubman & Rupiper, P.C., for amici curiae Busse Broadcasting, Inc./KOLN and KGIN, et al.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

GRANT, Justice.

Defendants-appellants, John M. Boehm, State Tax Commissioner, and the Nebraska Department of Revenue (hereinafter, collectively, Department) appeal orders of the Lancaster County District Court, which orders reversed the findings and orders of the Department. The Department had assessed a use tax on the gross payments of plaintiff-appellee, May Broadcasting Company (hereinafter May), for various syndicated programming agreements between May and distributors...

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