YELLOW EQUIPMENT & TERMINALS, INC. v. LEWIS

No. 13019.

35 Ill. App.3d 875 (1976)

342 N.E.2d 426

YELLOW EQUIPMENT & TERMINALS, INC., Plaintiff-Appellee, v. JOHN W. LEWIS, Secretary of State, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied March 9, 1976.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Ann Plunkett Sheldon, Assistant Attorney General, of counsel), for appellants.

Richard A. Kerwin, of Burke, Kerwin & Towle, of Chicago, for appellee.


Judgment reversed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

This appeal involves a dispute between plaintiff, a foreign corporation and defendant, the Secretary of State of Illinois, over the method of computation that should be used in assessing the additional franchise tax for 1969.

The issue presented is whether the additional franchise taxes for 1969 should be computed according to the election, made in plaintiff's 1969 annual report...

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