Bush & Cook Leasing, Inc. v. Tracy

Bush & Cook contends that the book treatment of an item is not controlling in characterizing the property as an intangible versus a tangible asset. It also contends that the BTA incorrectly adopted the true-object test or incorrectly applied it. Bush & Cook claims that the substance of the leases was to lease tangible personal property and not to sell vehicles to lessees. The commissioner, to the contrary, maintains that the manner in which Bush & Cook recorded these leases on its books is the manner in which it must report them for the franchise tax. We agree with the commissioner and affirm…