IND. DEPT. OF STATE REV. v. FOOD MARKETING

No. 3-1076A230.

403 N.E.2d 1093 (1980)

INDIANA DEPARTMENT OF STATE REVENUE, Appellant (Defendant below), v. FOOD MARKETING Corporation, a Division of Super Valu Stores, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied June 6, 1980.


Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Kenneth R. Stamm, Deputy Atty. Gen., Indianapolis, for appellant.

Theodore D. Nering, II, Michael D. Shumate, Dutton, Kappes & Overman, Indianapolis, for appellee.


HOFFMAN, Judge.

Indiana Department of State Revenue (appellant) appeals from a judgment under the Indiana Gross Income Tax Act ordering a tax refund to Food Marketing Corporation, a wholesale grocer. As such, taxpayer is allowed to compute its tax under IC 1971, 6-2-1-1(s) (Burns Code Ed.) which provides:

"[`Gross income,' defined — Wholesale grocers] In the case of wholesale grocers who are engaged in the business of selling stocks of groceries, tobacco...

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