MIDWEST RENEWABLE ENERGY v. LINCOLN COUNTY

No. A-10-1106.

807 N.W.2d 558 (2011)

19 Neb. App. 441

MIDWEST RENEWABLE ENERGY, LLC, appellant, v. LINCOLN COUNTY BOARD OF EQUALIZATION, appellee.

Court of Appeals of Nebraska.

December 27, 2011.


Attorney(s) appearing for the Case

Jerrold L. Strasheim for appellant.

Rebecca Harling , Lincoln County Attorney, and Joe W. Wright for appellee.

IRWIN, MOORE, and CASSEL, Judges.


CASSEL, Judge.

INTRODUCTION

Midwest Renewable Energy, LLC (MRE), appeals from an order of the Tax Equalization and Review Commission (TERC). TERC affirmed a penalty imposed on MRE for the late filing of a tax return. Because MRE's evidence did not establish that the tax return was placed in an official U.S. Postal Service depository or that the custom of a postal carrier's retrieving the mail from MRE's mailbox actually occurred on the purported date of...

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