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IN RE FOODLAND SUPER MARKET, LTD.

No. 4681.

458 P.2d 664 (1969)

In the Matter of the Tax Appeal of FOODLAND SUPER MARKET, LTD.

Supreme Court of Hawaii.

September 15, 1969.

Attorney(s) appearing for the Case

Tany S. Hong, Deputy Atty. Gen., (Bert T. Kobayashi, Atty. Gen., and Henry I. Kuba, Deputy Atty. Gen., on the briefs), for appellant, cross-appellee.

Barry Chung, Honolulu (Fong, Miho, Choy & Robinson, Honolulu, of counsel), for appellee, cross-appellant.

Before RICHARDSON, C.J., MARUMOTO, ABE, and LEVINSON, JJ., and Circuit Judge LUM in place of KOBAYASHI, J., disqualified.

MARUMOTO, Justice.

This case is here on appeal by the State director of taxation, and a cross appeal by the taxpayer, from a tax appeal court judgment, which nullified a part, and sustained a part, of the director's assessment of additional tax against the taxpayer, for the years 1959 through 1963, under the general excise tax law, HRS c. 237.1

The taxpayer is Foodland Super Market, Ltd., which received payments totaling $206,707...

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