MADDING v. INDIANA DEPT. OF STATE REVENUE, G.I.T.D.

No. 1269A226.

270 N.E.2d 771 (1971)

Ellis C. MADDING, Also Known As E.C. Madding, et al., Appellants, v. INDIANA DEPARTMENT OF STATE REVENUE, Gross Income Tax Division, William L. Fortune, Commissioner, State of Indiana, Appellees.

Appellate Court of Indiana, Division No. 1.

June 21, 1971.


Attorney(s) appearing for the Case

James J. Lewis, Robert V. Kixmiller, Shake, Lewis, Lewis & Kixmiller, Vincennes, Elmer F. Marchino, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen., Hugh R. Couch, Larry J. McKinney, Deputy Attys. Gen., for appellees.


BUCHANAN, Judge.

STATEMENT OF THE CASE AND FACTS By this action, Plaintiffs-Appellants seek a refund of Indiana gross income taxes claimed to have been illegally and erroneously levied for the year 1964 in the amount of $57,809.17 on the theory that a nontaxable reorganization was effected rather than gross income received.

Appellants Ellis C. Madding, Elmo R. Madding and Richard H. Schaffer were the sole shareholders, officers and directors of the Appellant...

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