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IND. DEPT. OF REV. v. WATERFILED [SIC] MTG.

No. 3-279A42.

400 N.E.2d 212 (1980)

INDIANA DEPARTMENT OF REVENUE, Gross Income Tax Division, Appellant (Defendant below), v. WATERFILED [SIC] MORTGAGE COMPANY, Inc., Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied March 20, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Charles D. Rodgers, Deputy Atty. Gen., Indianapolis, for appellant.

Howard L. Chapman, Patrick G. Michaels, Bonahoom, Chapman & McNellis, Fort Wayne, for appellee.

STATON, Judge.

Waterfield Mortgage Company, Inc. (Waterfield) filed a complaint seeking a refund of certain gross income taxes it had paid. The trial court concluded that Waterfield was entitled to the refund and entered judgment accordingly. The State appeals.

We affirm.

I.

Waterfield is engaged in the mortgage banking business. It originates loans with the intention of selling them to permanent investors. The funds for such loans are initially...

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