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STATE, DEPT. OF REVENUE v. DYNCORP

No. S-9221.

14 P.3d 981 (2000)

STATE of Alaska, DEPARTMENT OF REVENUE, Appellant, v. DYNCORP AND SUBSIDIARIES, Appellee.

Supreme Court of Alaska.

December 22, 2000.

Attorney(s) appearing for the Case

Stephen C. Slotnick, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

David C. Crosby, Wickwire, Greene, Crosby, Brewer & Seward, Juneau, and Kenneth H. Silverberg, Nixon, Peabody, LLP, Washington, DC, for Appellee.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

The Office of Tax Appeals abated a late-filing penalty imposed against DynCorp by the Department of Revenue (the department), finding reasonable cause for DynCorp's failure to give the department timely notice of changes to its federal tax returns. The department appeals, arguing that the Office of Tax Appeals erred in failing to defer to the department's decision assessing the penalty and...

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