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IN RE BHCMC, L.L.C.

No. 112,911.

364 P.3d 1213 (2015)

In the Matter of the Appeal of BHCMC, L.L.C., d/b/a Boot Hill Casino & Resort.

Court of Appeals of Kansas.

December 31, 2015.

Attorney(s) appearing for the Case

Jennifer C. Bates , of Legal Services Bureau, Kansas Department of Revenue, for appellant.

Michael D. Pospisil and Matthew J. Limoli , of Edgar Law Firm LLC, of Kansas City, Missouri, and Clinton E. Patty , of Frieden, Unrein & Forbes LLP, of Topeka, for appellee.

Before STANDRIDGE, P.J., BUSER and SCHROEDER, JJ.

The Kansas Department of Revenue (KDOR) appeals the determination that BHCMC, L.L.C. does not owe compensating use tax (use tax) on electronic gaming machines (EGMs) at the Boot Hill Casino & Resort (Boot Hill). The Kansas Board of Tax Appeals (BOTA) found BHCMC was only the manager of Boot Hill, where it uses and operates the...

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