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INDIANA DEPT. OF STATE REVENUE v. STARK-WETZEL & CO.

No. 1071A203.

276 N.E.2d 904 (1971)

INDIANA DEPARTMENT OF STATE REVENUE, Appellant, v. STARK-WETZEL & CO., Inc., Appellee.

Appellate Court of Indiana, Division No. 2.

December 22, 1971.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen. of Ind., Hugh Couch, Larry J. McKinney, Mark Peden, Deputy Attys. Gen., for appellant.

Dutton, Kappes & Overman, Theodore D. Nering, III, Philip S. Kappes, Indianapolis, for appellee.

SHARP, Judge.

This is an appeal from a judgment under the Indiana Gross Income Tax Act ordering a refund of taxes to the Appellee, Stark-Wetzel & Co., Inc. The sole issue before the trial court was the correct interpretation of § 1(s) of the Indiana Gross Income Tax Act which is Ind. Ann. Stat. § 64-2601(s) (Burns 1961), I.C. 1971 6-2-1-1 which reads as follows:

"In the case of wholesale grocers who are engaged in the business of selling stocks...

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