Goldberg v. State Tax Commission
Goldberg v. State Tax Commission
Opinion of the Court
The Director of Revenue appeals the decision of the circuit court dismissing the Director’s appeal to the circuit court from a decision and order of the State Tax Commission. We reverse and remand for further proceedings.
Montgomery Ward & Co., Inc., (taxpayer), filed its first amended petition and appeal before the State Tax Commission appealing “a final decision of the Director of Revenue or the Department of Revenue” regarding the proper determination of its Missouri income taxes for the fiscal years ending in 1971 through 1974. Specifically,
The Tax Commission did not appear in the circuit court action. The taxpayer intervened, answered and moved dismissal of the petition for judicial review on the ground that the Director lacked legal standing under Rule 100.03 to appeal the commission’s decision and order. The trial court sustained the motion and issued its order dismissing Goldberg’s petition for review. From that order, the Director has appealed to this court.
The only issue presented in the instant case is that of the standing of the Director of Revenue to appeal a decision and order of the State Tax Commission. That issue is the same as and is indistinguishable from the issue recently decided by the Missouri Supreme Court in Gerald H. Goldberg, Director of Revenue v. State Tax Commission of Missouri and A. P. Green Refractories Co., 618 S.W.2d 635, 638-640, (1981). The court ruled that the Director has such standing.
We, therefore, reverse the trial court’s decision and remand the case to the trial court with directions to set aside its order dismissing the Director of Revenue’s petition for review and to permit the case to proceed on its merits.
All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.