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KLEIN TOWN BUILDERS v. REVENUE DEPT.

No. 39937.

36 Ill.2d 301 (1966)

222 N.E.2d 482

KLEIN TOWN BUILDERS, INC., Appellee, v. THE DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Illinois.

Rehearing denied January 17, 1967.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (RICHARD A. MICHAEL, PHILIP J. ROCK, and A. ZOLA GROVES, Assistant Attorneys General, of counsel,) for appellant.

PHILIP J. SIMON, of Chicago, (SCHULTZ, KRINSLEY, VOORHEIS & HEDBERG, ROBERT B. MOORE, and DAVID C. KENYON, of counsel,) for appellee.

Judgment reversed.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

On administrative review brought by the taxpayer, the circuit court of Cook County set aside an assessment for use taxes against Klein Town Builders, Inc., a general construction contractor. The Department of Revenue appeals.

The assessment was made in the amount of $7,629.69 on purchases of building materials during the period from July 16, 1961, to May 31, 1962. The...

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