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AUSTIN LIQUOR MART, INC. v. DEPT. OF REV.

No. 43399.

51 Ill.2d 1 (1972)

280 N.E.2d 437

AUSTIN LIQUOR MART, INC., Appellee, v. DEPARTMENT OF REVENUE, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied March 28, 1972.

Attorney(s) appearing for the Case

WILLIAM J. SCOTT, Attorney General, of Chicago, (FRANCIS T. CROWE, CALVIN C. CAMPBELL, MORRIS S. BROMBERG, and GERALD T. ROHRER, Assistant Attorneys General, of counsel,) for appellants.

MICHAEL R. FUMO and LAWRENCE JACOBS, of Chicago, for appellees.

Affirmed in part and reversed in part.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

At the end of July, 1969, plaintiff, Austin Liquor Mart, Inc., submitted its books and records for the three-year period August 1, 1966, to July 31, 1969, to the Department of Revenue, herein referred to as defendant, for audit and inspection, seeking a release from liability under the Retailers' Occupation Tax Act (Ill. Rev. Stat. 1967, ch. 120, par. 440...

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