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USAIR, INC. v. IND. DEPT. OF STATE REVENUE

No. 49T05-8809-TA-00046.

542 N.E.2d 1033 (1989)

USAIR, INC., Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Indiana Tax Court.

August 2, 1989.

Attorney(s) appearing for the Case

Barton T. Sprunger, Mark J. Richards, Ice Miller Donadio & Ryan, Indianapolis, for petitioner.

Linley E. Pearson, Atty. Gen. by Joel Schiff, Kim O. Laurin, Deputy Attys. Gen., Indianapolis, for respondent.

FISHER, Judge.

USAir seeks a refund of use tax assessed and collected by the Department of Revenue for the years 1979 through 1982. The tax was imposed on USAir for food purchased within Indiana and furnished to passengers and crew members outside of Indiana during the course of interstate flights. USAir claims exemption from the use tax under three alternatives: (1) the food was purchased for resale within the meaning of IC 6-2.5-5-8; (2) the food was acquired for...

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