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IND. DEPT. OF STATE REV., ETC. v. WM. A. POPE

No. 2-176A13.

367 N.E.2d 47 (1977)

INDIANA DEPARTMENT OF STATE REVENUE, Gross Income Tax Division, Appellant, v. WILLIAM A. POPE COMPANY, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied October 26, 1977.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., James M. Garrettson, Indianapolis, for appellant.

Daniel H. FitzGibbon, Richard E. Deer, Barnes, Hickam, Pantzer & Boyd, Indianapolis, for appellee.

WHITE, Judge.

The Gross Income Tax Division of the Indiana Department of State Revenue appeals from a trial court decision that the entire Indiana income ($8,108,484.00) received by the William A. Pope Company in 1970, 1971, and 1972, should be classified as income received by a retail merchant from selling at retail and thereby subject to gross income tax liability at the rate of one half of one percent rather than the mixed rate of two percent for installation income...

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