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  5. 649 N.E.2d 109 (1995)
 

IND. DEPT. OF REV. v. FORT WAYNE NAT. CORP.

No. 49S10-9406-TA-521.

649 N.E.2d 109 (1995)

INDIANA DEPARTMENT OF STATE REVENUE, and Kenneth L. Miller, in His Capacity As Commissioner of the Indiana Department of State, Appellants, v. FORT WAYNE NATIONAL CORPORATION, Appellee.

Supreme Court of Indiana.

April 10, 1995.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., David A. Arthur, Deputy Atty. Gen., Indianapolis, for appellants Indiana Dept. of State Revenue and Kenneth L. Miller, in his Capacity as Com'r of the Indiana Dept. of State Revenue.

William F. Landers, Jr., Thomas M. Shoaff, Baker & Daniels, Indianapolis, for appellees and cross-appellant Fort Wayne Nat. Corp.

Lewis C. Bose, Theodore J. Nowacki, Ronald M. Soskin, George T. Patton, Jr., Bose McKinney & Evans, Indianapolis, amicus curiae for Indiana League of Sav. Institutions, Inc.

ON PETITION TO TRANSFER

DeBRULER, Justice.

This case is an appeal of a summary judgment against the appellant, Indiana State Department of Revenue, granting Fort Wayne National's claim for refund of a portion of the Financial Institutions Tax (FIT) it paid for the 1990 calendar year. Specifically, appellee Fort Wayne National Corporation (FWNC) contended in the Tax Court that the Department is precluded from using the income from municipal and federal bonds...

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