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PHILGER, INC. v. DEPARTMENT OF REVENUE

No. 5-89-0507.

567 N.E.2d 773 (1991)

208 Ill. App.3d 1066

153 Ill.Dec. 815

PHILGER, INC., Plaintiff-Appellee, v. The DEPARTMENT OF REVENUE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

February 27, 1991.

Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen., Robert J. Ruiz, Sol. Gen. (Jan E. Hughes, Asst. Atty. Gen., Chicago, of counsel), for defendant-appellant.

Thompson & Mitchell, Belleville (Kurt S. Schroeder, of counsel), for plaintiff-appellee.

Justice GOLDENHERSH delivered the opinion of the court:

Defendant, the Department of Revenue of the State of Illinois, appeals from an order of the circuit court of St. Clair County finding that the decision of the Board of Appeals of the Department of Revenue (hereinafter Board) that plaintiff, Philger, Inc., was responsible for $20,000 in the Retailers' Occupation Tax (hereinafter tax) (Ill.Rev.Stat.1985, ch. 120 par. 451) on Augustine's Restaurant, a business purchased...

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