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IND. DEPT. OF STATE REV. v. COMMERCIAL TOWEL

No. 2-1078A342.

409 N.E.2d 1121 (1980)

INDIANA DEPARTMENT OF STATE REVENUE, Gross Income Tax Division, of the State of Indiana, Appellant (Defendant below), v. COMMERCIAL TOWEL & Uniform Service, Inc., Appellee (Plaintiff below). Indiana Department of State Revenue, Gross Income Tax Division, of the State of Indiana, Appellant (Defendant below), v. Crown Laundry & Cleaning Co. of Lafayette, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

September 8, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Wallace T. Gray, Deputy Atty. Gen., Indianapolis, for appellant.

Theodore R. Dann, Dann, Pecar, Newman, Talesnick & Kleiman, Elmer F. Marchino, Indianapolis, Ezra H. Friedlander, Ancel, Friedlander, Miroff & Ancel, Indianapolis, for appellees.

SHIELDS, Judge.

The Indiana Department of State Revenue, Gross Income Tax Division (Department) appeals the trial court's grant of the Motion for Summary Judgment of Appellees, Commercial Towel and Uniform Service, Inc. and Crown Laundry and Cleaning Co. of Lafayette, Inc. (Taxpayers),1 and the Entry of Judgment ordering a refund of Indiana Corporate Gross Income Taxes previously paid. We reverse.

The issue before us on review...

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