IN RE GENSTLER EYE CENTER & CLINIC

No. 98,163.

192 P.3d 666 (2008)

In the Matter of the Appeal of GENSTLER EYE CENTER & CLINIC/GENSTLER MEDICAL CARE FACILITY from an Order of the Division of Taxation on Assessment of Sales Tax.

Court of Appeals of Kansas.

September 26, 2008.


Attorney(s) appearing for the Case

Mark A. Burghart, of Alderson, Alderson, Weiler, Conklin, Burghart & Crow, LLC, of Topeka, for appellant.

Michael D. Burrichter, of Kansas Department of Revenue, for appellee.

Before RULON, C.J., GREENE, J., and KNUDSON, S.J.


GREENE, J.

Genstler Eye Center and Clinic/Genstler Medical Care Facility appeals a final determination by the Board of Tax Appeals (BOTA) denying it an enterprise zone sales tax exemption under K.S.A. 79-3606(cc) on tangible personal property and services purchased in conjunction with the construction of a new facility for its business in Topeka. The appeal requires that we construe and apply the rather complex statutory enterprise zone tax exemption scheme to undisputed...

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