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ILL. CEREAL MILLS v. DEPT. OF REVENUE

No. 17473.

106 Ill. App.3d 53 (1982)

435 N.E.2d 774

ILLINOIS CEREAL MILLS, INC., Plaintiff-Appellee, v. THE DEPARTMENT OF REVENUE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed April 26, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Paul J. Bargiel, Special Assistant Attorney General, of Doss, Puchalski, Keenan, Bargiel & Dicks, Ltd., and Patricia Rosen, Assistant Attorney General, of counsel), for appellant.

McDermott, Will & Emery, of Chicago (Hamilton Smith, of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

On July 2, 1979, defendant, Department of Revenue, State of Illinois, issued a final assessment against plaintiff, Illinois Cereal Mills, Inc., imposing liability against plaintiff in the total sum of $67,135.05 for taxes assessed under the Retailers' Occupation Tax Act (ROTA) (Ill. Rev. Stat. 1979...

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