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ANDERSON EXCAVATING CO. v. NETH

No. S-07-539.

751 N.W.2d 595 (2008)

275 Neb. 986

ANDERSON EXCAVATING CO., Appellant, v. Beverly NETH, Director, Department of Motor Vehicles, State of Nebraska, Appellee.

Supreme Court of Nebraska.

June 27, 2008.

Attorney(s) appearing for the Case

Timothy L. Moll and Sara S. Pillen, of Rembolt Ludtke, L.L.P., Lincoln, for appellant.

Jon Bruning, Attorney General, and L. Jay Bartel, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

CONNOLLY, J.

I. SUMMARY

Anderson Excavating Co. (Anderson) is licensed under the International Fuel Tax Agreement (IFTA) and registered under the International Registration Plan (IRP). Nebraska is Anderson's base jurisdiction for IFTA and IRP. After an audit of Anderson's records, the Department of Motor Vehicles (DMV) concluded that the records failed to comply with the recordkeeping requirements of IFTA and IRP. Consequently, the DMV disallowed tax credits...

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