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IN RE APPEAL OF THE KROGER CO.

No. 83,927.

270 Kan. 148 (2000)

12 P.3d 889

In the Matter of The Appeal of The Kroger Co., from an Order of the Division of Taxation on Assessment of Corporate Income Tax.

Supreme Court of Kansas.

Opinion filed November 3, 2000.

Attorney(s) appearing for the Case

John H. Wachter, of Wright, Henson, Somers, Sebelius, Clark & Baker, L.L.P., of Topeka, argued the cause and Charles N. Henson, of the same firm, was with him on the brief for appellant The Kroger Co.

James Bartle, of Kansas Department of Revenue, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Multistate taxpayer appeals the Board of Tax Appeals' (BOTA) order disallowing as an apportionable business expense an interest expense incurred to fight a hostile takeover. BOTA classified the expense as a nonbusiness expense, which was allocated to the taxpayer's state of commercial domicile. Taxpayer appealed, claiming its interest expense was a business expense...

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