TEXACO-CITIES SERV. PIPELINE CO. v. McGAW

No. 1-95-1022.

675 N.E.2d 1004 (1997)

286 Ill. App.3d 529

221 Ill.Dec. 580

TEXACO-CITIES SERVICE PIPELINE COMPANY, Plaintiff-Appellee/Cross-Appellant, v. Sam McGAW, Acting Director of State of Illinois Department of Revenue, Defendant-Appellant/Cross-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied February 20, 1997.


Attorney(s) appearing for the Case

James E. Ryan, Attorney General, State of Illinois, Barbara A. Preiner, Solicitor General, Chicago (Deborah L. Ahlstrand, Assistant Attorney General, of counsel), for defendant-appellant.

Fred O. Marcus, James H. Ryan, Jordan M. Goodman, Horwood, Marcus & Braun Chtd., Chicago, David J. Dziak, Texaco Inc., Houston, TX, for plaintiff-appellee.


Justice THEIS delivered the opinion of the court:

The trial court ruled that proceeds from a taxpayer's sale of pipeline constituted business income to be apportioned under the Illinois Income Tax Act's general three-factor formula. On appeal, the taxpayer challenges the trial court's classification of the proceeds as business income, and the defendant challenges the trial court's apportionment determination. We affirm in part and reverse in part.

Texaco,...

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