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INDIANA DEPT. OF ST. REV. v. CONVENIENT IND. OF AM.

No. 2-972A56.

299 N.E.2d 641 (1973)

INDIANA DEPARTMENT OF STATE REVENUE, Defendant-Appellant, v. CONVENIENT INDUSTRIES OF AMERICA, Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied September 7, 1973.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Mark Peden, Deputy Atty. Gen., for defendant-appellant.

James E. Hawes, Jr., Leonard J. Betley, W. Stephen Perry, Ice, Miller, Donadio & Ryan, Indianapolis, for plaintiff-appellee.

SULLIVAN, Judge.

The State Department of Revenue has brought this appeal from a judgment that certain payments to appellee by franchisees were not subject to Indiana Gross Income Tax.

Plaintiff Convenient Industries of America, Inc., a Kentucky Corporation with headquarters in Louisville, generally engaged in the franchising of food marts, filed its complaint on August 3, 1970 following denial of an administrative claim for refund of taxes assessed by the...

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