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MIDWAY AIRLINES, INC. v. DEPARTMENT OF REVENUE

No. 1-91-1451.

602 N.E.2d 13 (1992)

234 Ill. App.3d 866

176 Ill.Dec. 706

MIDWAY AIRLINES, INC., Plaintiff-Appellee, v. DEPARTMENT OF REVENUE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

July 10, 1992.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Chicago (Rosalyn B. Kaplan, Sol. Gen., Jennifer A. Keller, Asst. Atty. Gen., of counsel), for defendant-appellant.

Mark A. Harris, Latham & Watkins, Chicago, for plaintiff-appellee.

Justice MURRAY delivered the opinion of the court:

The Illinois Department of Revenue (IDR) appeals from an order of the circuit court issued in an administrative review action brought by Midway Airlines, Inc. (Midway). The order reversed the final decision of the IDR's director, finding that certain meal trays and hand towels used by Midway in conjunction with its in-flight meal service were exempt from taxation as "rolling stock" pursuant to section 3(b) of the...

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