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INDIANAPOLIS P. TRANSP. CORP. v. ST. REV. DEPT.

No. 49T05-8611-Ta-00033.

512 N.E.2d 906 (1987)

INDIANAPOLIS PUBLIC TRANSPORTATION CORPORATION, Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, et al., Respondent.

Tax Court of Indiana.

July 9, 1987.

Attorney(s) appearing for the Case

William K. Byrum, Byrum, Gagnon & Diehl, Indianapolis, for petitioner.

Linley E. Pearson, Atty. Gen. by Ted J. Holaday, Deputy Atty. Gen., Indianapolis, for respondent.

FISHER, Judge.

STATEMENT OF THE CASE

This is an appeal from a final determination of the Respondent assessing special fuel tax for 1982, 1983, and 1984 in the sum of $1,740.96.

The facts are undisputed. The Petitioner, Indianapolis Public Transportation Corporation, is a public transportation corporation organized pursuant to IND. CODE 36-9-4 (1982). Petitioner operates vehicles fueled by diesel fuel. Diesel fuel is a fuel

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