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GRIFFITH v. CONAGRA BRANDS, INC.

No. 11-0252.

728 S.E.2d 74 (2012)

Craig A. GRIFFITH, West Virginia State Tax Commissioner, Respondent Below, Petitioner v. CONAGRA BRANDS, INC., Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 24, 2012.

Concurring Opinion of Justice Benjamin May 30, 2012.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr. , Attorney General, Katherine A. Schultz , Senior Deputy Attorney General, Charli Fulton , Senior Assistant Attorney General, Charleston, WV, for Petitioner, West Virginia State Tax Commissioner.

Michael E. Caryl, Esq. , Floyd M. Sayre, III, Esq. , Bowles Rice McDavid Graff & Love, Martinsburg, WV, for Respondent, ConAgra Brands, Inc.

KETCHUM, C.J.

This case is before this Court upon the appeal of the West Virginia State Tax Commissioner from the final order of the Circuit Court of Berkeley County which set aside the decision of the West Virginia Office of Tax Appeals. The Office of Tax Appeals rejected the challenge of ConAgra Brands, Inc. ("ConAgra Brands") to assessments for unpaid corporation net income tax and business franchise tax. The assessments were imposed on apportioned royalties ConAgra...

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