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IND. DEPT. OF STATE REVENUE v. KROGER CO.

No. 1-283A47.

453 N.E.2d 1175 (1983)

INDIANA DEPARTMENT OF STATE REVENUE, Defendant-Appellant, v. THE KROGER COMPANY, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied November 1, 1983.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Wm. Eric Brodt, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

J.B. King, Stephen H. Paul, Baker & Daniels, Indianapolis, for plaintiff-appellee.

RATLIFF, Judge.

STATEMENT OF THE CASE

In an action initiated by the Kroger Company (Kroger), the Johnson County Circuit Court determined Kroger was entitled to a refund of $127,498.52 for gross income taxes paid for the taxable years of 1968 through 1971. The Indiana Department of State Revenue (Department) appeals from this determination. We affirm.

FACTS

In the taxable years in controversy, Kroger was engaged in the retail grocery business...

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