Production Credit Association of Southeastern Missouri, et al., Appellants v. Director of Revenue, Respondent. CoBank, ACB, as Successor to the National Bank for Cooperatives, Appellant v. Director of Revenue, State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion

Case Style: Production Credit Association of Southeastern Missouri, et al., Appellants v. Director of Revenue, Respondent. CoBank, ACB, as Successor to the National Bank for Cooperatives, Appellant v. Director of Revenue, State of Missouri, Respondent. Case Number: SC81407 and SC81727 Handdown Date: 04/24/2001 Appeal From: Petition for Review of Administrative Hearing Commission Counsel for Appellant: Mark W. Nichols, Stephen P. Carlton. Richard Hanson, Theodore H. Bots, Juan D. Keller, John P. Barrie and B. Derek Rose Counsel for Respondent: James R. Layton, Evan Buchheim and Wood Miller Opinion Summary: On a writ of certiorari filed by the Director of Revenue, the Supreme Court of the United States determined that CoBank (SC81727) was taxable, contrary to previous Supreme Court of Missouri opinion. No. SC81407 MANDATE TO REISSUE. No. SC81727 AFFIRMED. Court en banc holds: This Court's mandate has been recalled. The Administrative Hearing Commission decision is affirmed in CoBank. The Court's mandate is directed to reissue in Production Credit Association etc., et al. Citation: Opinion Author: PER CURIAM Opinion Vote: No. SC81407 MANDATE TO REISSUE. No. SC81727 AFFIRMED. All concur. Opinion: This Court originally decided these cases in a consolidated opinion. In that opinion, it was held that the appellants

were entitled to the refunds they sought. Production Credit Ass'n v. Director of Revenue, 10 S.W.3d 142 (Mo. banc 2000). The director of revenue obtained a writ of certiorari from the Supreme Court of the United States with respect to CoBank -- but not as to Production Credit Association of Southeastern Missouri, et al. That Court determined that CoBank was taxable and remanded the case to this Court. Director of Revenue of Mo. v. CoBank ACB, 531 U.S. ___, 121 S.Ct. 941 (2001). The mandate originally issued by this Court has been recalled. In accordance with the mandate issued by the Supreme Court of the United States, the decision of the Administrative Hearing Commission is affirmed in CoBank, ACB, as Successor to the National Bank for Cooperatives v. Director of Revenue, No. SC81727. Because review was not sought by the director of revenue in Production Credit Association of Southeastern Missouri, et al. v. Director of Revenue, No. SC81407, the mandate originally issued by this Court in that case is directed to reissue. All concur. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.