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MILLER v. DEPT. OF REVENUE

No. 34831.

15 Ill.2d 323 (1958)

155 N.E.2d 12

HERSCHEL MILLER et al., d/b/a Silver Palm, Appellees, v. THE DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Illinois.

Rehearing denied January 22, 1959.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, A. ZOLA GROVES, and SAMUEL A. KANTER, of counsel,) for appellant.

MICHAEL M. PHILLIPS, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The owners of a night club in the city of Chicago filed a complaint in the circuit court of Cook County seeking administrative review of certain deficiencies in sales taxes assessed by the Department of Revenue. The trial court entered judgment in plaintiffs' favor on the disputed issue in the case, holding that in computing the tax they were entitled to deduct from their gross...

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