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CLARKE-GRAVELY CORP. v. TREASURY DEP'T

Docket No. 77-4477.

89 Mich. App. 732 (1979)

281 N.W.2d 202

THE CLARKE-GRAVELY CORPORATION v. DEPARTMENT OF TREASURY

Michigan Court of Appeals.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Miller, Canfield, Paddock & Stone (by Samuel J. McKim, III, and Kenneth E. Konop), for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard R. Roesch and E. Boomie Mikrut, Assistants Attorney General, for defendants.

Before: V.J. BRENNAN, P.J., and ALLEN and P.R. O'CONNELL, JJ.

ALLEN, J.

Does § 411(2) of the Michigan Income Tax Act, MCL 206.411(2); MSA 7.557(1411)(2), which provides for the tolling of the three-year period of limitations for refunds as set forth in § 441(2) of said act, MCL 206.441(2); MSA 7.557(1441)(2), apply when the corporate claimant of the refund, who originally filed an individual income tax return, more than three years later filed a combined return as provided...

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