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J.C. PENNEY CO., INC. v. BALKA

No. S-97-071.

577 N.W.2d 283 (1998)

254 Neb. 521

J.C. PENNEY COMPANY, INC., Appellee, v. M. Berri BALKA, Tax Commissioner of the State of Nebraska, et al., Appellants.

Supreme Court of Nebraska.

April 23, 1998.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and L. Jay Bartel, Lincoln, for appellants.

William E. Peters, of Peters & Chunka, P.C., Lincoln, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

CAPORALE, Justice.

I. STATEMENT OF CASE

In seeking review by the Nebraska Court of Appeals, the respondent-appellant, State of Nebraska, through the Department of Revenue and the Tax Commissioner, M. Berri Balka, asserted, in summary, that the district court erred in reversing their assessment of a use tax against the petitioner-appellee, J.C. Penney Company, Inc. The parties thereafter petitioned to bypass the...

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