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E. F. JOHNSON CO. v. COMMISSIONER OF TAXATION

No. 44675.

224 N.W.2d 150 (1974)

E. F. JOHNSON COMPANY, Respondent, v. COMMISSIONER OF TAXATION, Appellant.

Supreme Court of Minnesota.

Rehearing Denied January 6, 1975.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., C. H. Luther, Deputy Atty. Gen., Dept. of Revenue, St. Paul, for appellant.

Dorsey, Marquart, Windhorst, West & Halladay and Robert J. Johnson, John W. Windhorst, Jr., and Nicky R. Hay, Minneapolis, for respondent.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, MacLAUGHLIN and SCOTT, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal by defendant commissioner of taxation from an order of the Waseca County District Court. Plaintiff, E. F. Johnson Company, is a Minnesota corporation with its only business office and place of manufacture in Waseca, Minnesota. For the period from 1961-1963, plaintiff assigned all of its income to the state of Minnesota. In 1965, it filed claims for refunds for those years on the basis that since it had carried on its business within...

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