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IN RE TAX APPEAL OF MORTON THIOKOL, INC.

No. 67,954

254 Kan. 23 (1993)

864 P.2d 1175

In the Matter of the Appeal of MORTON THIOKOL, INC., from an Order of the Board of Tax Appeals.

Supreme Court of Kansas.

Opinion filed December 10, 1993.

Attorney(s) appearing for the Case

Gerald J. Letourneau, of Goodell, Stratton, Edmonds & Palmer, of Topeka, argued the cause and was on the brief for appellant.

David Prager, III, of the Kansas Department of Revenue, argued the cause, and Mark A. Burghart, general counsel, was with him on the briefs for appellee.

William L. Goldman, of Lee, Toomey & Kent, Chartered, of Washington, D.C., and Anne G. Batter, of the same firm, were on the brief for amicus curiae Committee on State Taxation.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Morton Thiokol, Inc., (Morton Thiokol) appeals from an order of the Board of Tax Appeals (BOTA). The Kansas Department of Revenue (Revenue) assessed additional corporate income tax of $82,607 plus interest of $49,732 against Morton Thiokol for fiscal years ending June 30, 1981, through June 30, 1983. The additional tax resulted principally from (1) use of the domestic combination method of apportioning...

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