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FREDMAN BROS. FURN. CO. v. DEP'T OF REV.

No. 82-275.

110 Ill. App.3d 479 (1982)

442 N.E.2d 627

FREDMAN BROTHERS FURNITURE CO., INC., Petitioner-Appellant, v. THE DEPARTMENT OF REVENUE, Respondent-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed November 16, 1982.

Attorney(s) appearing for the Case

Herbert I. Fredman, of Collinsville, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield (Scott D. Spooner, Assistant Attorney General, of counsel), for appellee.

Reversed and remanded.

JUSTICE SCOTT delivered the opinion of the court:

Fredman Bros., a retail furniture business, and the Department of Revenue of our State, became embroiled in a controversy as to whether Fredman was liable for taxes due under the Retailers' Occupation Tax Act (Ill. Rev. Stat. 1979, ch. 120, par. 440 et seq.). Notice of tax liability was issued by the Department on August 30, 1979, which was followed by an administrative hearing...

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