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McDONALD'S EXEC. OFF. v. DEPT. OF REVENUE

No. S-90-1073.

497 N.W.2d 377 (1993)

243 Neb. 82

McDONALD'S EXECUTIVE OFFICES, Appellee and Cross-Appellant, v. NEBRASKA DEPARTMENT OF REVENUE, State of Nebraska, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

March 26, 1993.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., and David Edward Cygan, Lincoln, for appellant.

Thomas J. Culhane and Samuel E. Clark, of Erickson & Sederstrom, P.C., Omaha, for appellee.

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

CAPORALE, Justice.

I. STATEMENT OF CASE

Through various entities, the sole proprietorship petitioner-appellee, McDonald's Executive Offices, operates a number of restaurants, including one located within an area of Omaha that was annexed subsequent to the restaurant's establishment. Determining that the proprietorship had failed to pay certain city sales and state consumer's use taxes attributable to the operation of the annexed restaurant, the respondent...

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