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IN RE TAX APPEAL OF FAMILY OF EAGLES, LTD

No. 88,118

275 Kan. 479 (2003)

66 P.3d 858

In the Matter of the APPEAL OF FAMILY OF EAGLES, LTD, from an Order of the Division of Taxation on Assessment of Compensating Use Tax.

Supreme Court of Kansas

Opinion filed April 18, 2003.

Attorney(s) appearing for the Case

David J. Dunlap, of the Kansas Department of Revenue, argued the cause and was on the briefs for appellant Kansas Department of Revenue.

Richard D. Greene, of Morris, Laing, Evans, Brock & Kennedy, Chartered, argued the cause and was on the brief for appellee Family of Eagles, LTD.

The opinion of the court was delivered by

LUCKERT, J.:

This is an appeal from a notice of assessment of compensating use tax issued against Family of Eagles, LTD (FOE). The Kansas Department of Revenue (KDR) determined that FOE had a substantial nexus to Kansas justifying imposition of the duty to collect and remit tax payments required under the Kansas Compensating Tax Act, K.S.A. 79-3701 et seq. The Kansas Secretary of Revenue upheld the assessment...

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