LAKELAND CONSTR. CO. v. DEPT. OF REVENUE

No. 77-75.

62 Ill. App.3d 1036 (1978)

379 N.E.2d 859

LAKELAND CONSTRUCTION CO., INC., Plaintiff-Appellant, v. THE DEPARTMENT OF REVENUE OF THE STATE OF ILLINOIS, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed August 8, 1978.


Attorney(s) appearing for the Case

James A. Campion, of Joslyn & Green, of Woodstock, for appellant.

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


Judgment affirmed.

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

Lakeland Construction Company, Inc., appeals from an adverse judgment upon judicial review of an assessment under the provisions of the Motor Fuel Tax Act (Ill. Rev. Stat. 1977, ch. 120, par. 417). The taxpayer contends that it should have been permitted to estimate the portion of its motor fuel which was used in nonhighway vehicles and therefore nontaxable since the Department...

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