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DAWLEY, INC. v. INDIANA DEPT. OF STATE REVENUE

No. 49T05-9007-TA-00038.

605 N.E.2d 1222 (1992)

Harlan Sprague DAWLEY, INC., Petitioner, v. INDIANA Department of State Revenue, and John R. Gildea, Commissioner, Respondents.

Tax Court of Indiana.

December 29, 1992.

Attorney(s) appearing for the Case

Thomas A. Withrow, C. Daniel Yates, B. Keith Shake, James H. Rownd, Henderson Daily Withrow & DeVoe, Indianapolis, for petitioner.

Linley E. Pearson, Atty. Gen., Marilyn Meighen, Deputy Atty. Gen., Indianapolis, for respondents.

FISHER, Judge.

The Petitioner, Harlan Sprague Dawley, Inc. (HSD), appeals the denial of its claim for refund of gross retail and use taxes (sales taxes) assessed by the Respondent, Indiana Department of State Revenue (the Department). The matter is before the court on the parties' several motions for partial summary judgment.

ISSUES

The parties' motions raise the following issues:

I. Whether HSD's operations fall within the terms of the...

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