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FONTANA D'OR, INC. v. DEPT. OF REVENUE

No. 63205.

44 Ill. App.3d 1064 (1976)

358 N.E.2d 1283

FONTANA D'OR, INC., Plaintiff-Appellant, v. THE DEPARTMENT OF REVENUE, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed December 30, 1976.

Attorney(s) appearing for the Case

Edward A. Berman Ltd., of Chicago (Edward A. Berman and Lewis W. Schlifkin, of counsel), for appellant.

William J. Scott, Attorney General, of Chicago (Paul J. Bargiel, Assistant Attorney General, of counsel), for appellee.

Order affirmed.

Mr. PRESIDING JUSTICE LORENZ delivered the opinion of the court:

Plaintiff appeals from an order of the circuit court affirming a decision of defendant (Department) assessing plaintiff for unpaid retailers' occupation taxes plus interest and penalties. It contends that retailers' occupation taxes are not due on a 15% "gratuity" charge separately contracted for by its customers.

Plaintiff operates a catering business in its dining halls...

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