IND. DEPT. OF STATE REV. v. NORTHERN IND. STEEL

No. 3-878A197.

388 N.E.2d 596 (1979)

INDIANA DEPARTMENT OF STATE REVENUE, Appellant (Defendant below), v. NORTHERN INDIANA STEEL SUPPLY COMPANY, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied June 8, 1979.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Ted J. Holaday, Deputy Atty. Gen., Indianapolis, for appellant.

O. Jerrold Winski, Sweeney, Winski, Dabagia & Donoghue, Michigan City, for appellee.


STATON, Judge.

The Indiana Department of State Revenue assessed a gross income tax on the entire amount received from the sale of certain equipment by Northern Indiana Steel Supply Company. After paying the tax, Northern was denied a refund and brought the action below. The trial court granted Northern's motion for summary judgment, holding that Northern could not be taxed on the amounts which constituted security interests in the equipment which were assumed and...

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