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HOOSIER ENERGY v. DEPT. OF STATE REVENUE

No. 53S00-8904-TA-269.

572 N.E.2d 481 (1991)

HOOSIER ENERGY Rural Electric Cooperative, Inc., Appellant (Petitioner below), v. INDIANA DEPARTMENT OF STATE REVENUE, Appellee (Respondent below).

Supreme Court of Indiana.

May 29, 1991.

Attorney(s) appearing for the Case

J. David Huber, Zoercher, Huber & McEntarfer, Tell City, for appellant.

Linley E. Pearson, Atty. Gen. and Joel Schiff, Deputy Atty. Gen., Indianapolis, for appellee.

KRAHULIK, Justice.

This is a direct appeal from the Indiana Tax Court's decision to uphold the imposition of the State's gross income tax on the proceeds of an interstate sale of federal income tax benefits. Hoosier Energy Rural Electric Cooperative, Inc. v. Indiana Department of State Revenue (1988), Ind. Tax, 528 N.E.2d 867. At issue is whether the Indiana Department of State Revenue ("Department") can collect a state income...

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