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ZENITH ELECTRONICS CORP. v. DEPT. OF REVENUE

No. 1-96-0326.

688 N.E.2d 747 (1997)

293 Ill. App.3d 651

228 Ill.Dec. 49

ZENITH ELECTRONICS CORPORATION, Plaintiff-Appellee, v. The DEPARTMENT OF REVENUE, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

November 26, 1997.

Attorney(s) appearing for the Case

Richard A. Hanson, McDermott, Will & Emery, Chicago, for Plaintiff-Appellee Zenith Electronics Corporation.

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, for Defendant-Appellant The Department of Revenue.

Justice McNAMARA delivered the opinion of the court:

Defendant, the Illinois Department of Revenue (Department), appeals from an order of the trial court upon administrative review reversing the Department's decision that plaintiff, Zenith Electronics Corp. (Zenith), is liable to pay taxes on certain trays Zenith uses to protect cathode ray tubes. The court found that the Department's determination that the trays were subject to taxation under the Use Tax Act (35...

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