Hercules Inc. v. Utah State Tax Commission, Auditing Division

ZIMMERMAN, Chief Justice:

Hercules Inc. petitioned this court for review of a franchise tax deficiency assessed by the Utah State Tax Commission. The Commission found a deficiency in franchise taxes paid by Hercules for the years 1977 through 1980 on missile motor parts sold to Lockheed Missiles & Space Company. After the Commission assessed the deficiency, Hercules petitioned for a redetermination. The Commission held a formal hearing and affirmed the deficiency. Following a trial de novo on the record under section 59-1-603(1) of the Code, 1 the district court reversed the Commission,…