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GOLDSTEIN v. ROSEWELL

No. 47986.

65 Ill.2d 325 (1976)

357 N.E.2d 1157

MICHAEL J. GOLDSTEIN et al., Appellees, v. EDWARD J. ROSEWELL, County Treasurer, et al., Appellants.

Supreme Court of Illinois.

Opinion filed December 3, 1976.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Paul P. Biebel, Jr., and Sheldon Gardner, Deputy State's Attorneys, and Stuart D. Gordon, Assistant State's Attorney, of counsel), for appellants.

Sanford R. Gail and Fred I. Shandling, both of Chicago (Karaganis & Gail, Ltd., and Ardell, Shandling, Greenberg & Fohrman, Ltd., of counsel), for appellees.

Affirmed and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

This case involves the validity of the provision of section 21 of the inheritance and transfer tax act (Ill. Rev. Stat. 1973, ch. 120, par. 394) which authorizes the county treasurer to retain and pay into the county treasury 4% of all taxes paid to him for the State of Illinois under the Act. The suit was filed by two plaintiffs as a class action on behalf of all taxpayers of Illinois...

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