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IND. DEPT. OF STATE REV. v. MERCANTILE MTG.

No. 2-578A174.

412 N.E.2d 1252 (1980)

INDIANA DEPARTMENT OF STATE REVENUE, Gross Income Tax and Intangibles Tax Divisions, Appellant (Defendant below), v. MERCANTILE MORTGAGE CO., Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied January 14, 1981.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Victoria R. Van Duren Deputy Atty. Gen., Indianapolis, for appellant.

Wayne C. Ponader, Thomas M. Johnston, Bose & Evans, Indianapolis, for appellee.

SULLIVAN, Judge.

Mercantile Mortgage Company (Mercantile) is a Missouri corporation with its principal place of business in St. Louis. Mercantile is in the business of originating loans and reselling those loans to institutional investors. Since 1963, Mercantile has been qualified to do business in Indiana and has maintained as many as five Indiana branch offices.

After paying Indiana Intangibles Tax under protest, Mercantile requested a refund of tax, penalty...

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