Legal Opinion

System Fuels, Inc. v. Kennedy

Louisiana Court of Appeal

Decided June 27, 2003No. 2002 CA 1723Published

1Opinion of the Court

|i>KLINE, J.

Defendant, the Louisiana Department of Revenue (“Department”), appeals the trial court’s grant of summary judgment in favor of plaintiff, System Fuels, Inc. (“System Fuels”), determining that its lease obligations, under various leases, did not constitute “borrowed capital” for Louisiana corporate franchise tax purposes. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

The Department conducted an audit of System Fuels’ books and records for the franchise tax years ending December 1988, 1989, 1990, 1992, 1998, and 1994 to determine whether System Fuels had paid the…

2Cases cited16 opinions

  1. Cleco Evangeline v. Louisiana Tax Com'nSupreme Court of Louisiana · 2002
  2. In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
  3. Laurie W. Tomlinson, District Director of Internal Revenue for the District of Florida v. The 1661 CorporationCourt of Appeals for the Fifth Circuit · 1967
  4. South Cent. Bell Telephone v. BarthelemySupreme Court of Louisiana · 1994
  5. Richard v. BroussardSupreme Court of Louisiana · 1986

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