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PEMCO, INC. v. KANSAS DEPT. OF REVENUE

No. 73,030

258 Kan. 717 (1995)

PEMCO, INC., Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1995.

Attorney(s) appearing for the Case

James Bartle, of Kansas Department of Revenue, argued the cause and was on the briefs for appellant.

Alan F. Alderson, of Alderson, Alderson & Montgomery, of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, C.J.:

This is an appeal by the Kansas Department of Revenue (Department) from the decision of the district court invalidating K.A.R. 92-19-72 on the ground that it exceeded the statutory authority contained in K.S.A. 1994 Supp. 79-3602(a). The action arises from the Department's assessment of sales tax against Pemco, Inc.'s, rental of equipment to its wholly owned subsidiary, Clean Water Construction (Clean...

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