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COMPTROLLER v. GANNETT

No. 49, Sept. Term, 1999.

741 A.2d 1130 (1999)

356 Md. 699

COMPTROLLER OF the TREASURY v. GANNETT CO., INC.

Court of Appeals of Maryland.

December 9, 1999.

Attorney(s) appearing for the Case

John K. Barry (Gerald Langbaum, Asst. Atty. Gen., and J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Annapolis, for appellant.

Kenneth H. Silverberg (Christian M. McBurney, Nixon, Hargrave, Devans & Doyle, LLP, on brief), Washington, DC, for appellee.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and HARRELL, JJ.

CATHELL, Judge.

The Comptroller of the Treasury, appellant, appeals a ruling from the Circuit Court for Montgomery County that appellant lacked the authority to assess additional income tax against Gannett Company, Inc., appellee, by imputing interest income from certain intercompany debt not reported on appellee's federal income tax returns. We agree with the circuit court and, accordingly, affirm the lower court.

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