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IN RE TAX APPEAL OF BROCE CONSTR. CO.

No. 83,418.

27 Kan. App.2d 967 (2000)

9 P.3d 1281

In the Matter of the Appeal of BROCE CONSTRUCTION CO., INC., BROCE-O'DELL CONCRETE PRODUCTS, INC., and BROCE MANUFACTURING CO., INC., FROM AN ORDER OF THE DIVISION OF TAXATION ON ASSESSMENT OF CORPORATE INCOME TAX.

Court of Appeals of Kansas.

Opinion filed August 25, 2000.

Attorney(s) appearing for the Case

James Bartle, of Legal Services Bureau, for appellant Kansas Department of Revenue.

Carol B. Bonebrake, of Cosgrove, Webb & Oman, of Topeka, for appellees.

Before GREEN, P.J., GERNON, J., and PHILIP C. VIEUX, District Judge, assigned.

GREEN, J.:

This is an appeal by the Kansas Department of Revenue (the Department) from an order of the Kansas Board of Tax Appeals (BOTA) which denied conversion of Broce Construction Company, Inc.'s (Broce Kansas) corporate income tax returns for tax years ending (TYE) 1985 through 1988 (the audit period) from single entity corporate tax returns to combined report formula apportionment tax returns. The denial of the...

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