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HARTMARX CORP. AND SUBSIDIARIES v. BOWER

No. 1-98-2309.

723 N.E.2d 820 (1999)

309 Ill. App.3d 959

243 Ill.Dec. 517

HARTMARX CORPORATION AND SUBSIDIARIES, Plaintiff-Appellant, v. Glen BOWER, Director, Department of Revenue of the State of Illinois, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

December 23, 1999.

Attorney(s) appearing for the Case

Horwood Marcus & Berk Chartered, Chicago (Marilyn A. Wethekam, Fred O. Marcus, Jordan M. Goodman, David A. Hughes, Brian L. Browdy, and C. Eric Fader, of counsel), for Appellant.

James E. Ryan, Attorney General, Joel D. Bertocchi, solicitor General (Brian F. Barov, Assistant Attorney General, of counsel), for Appellee.

Justice CAMPBELL delivered the opinion of the court:

Plaintiff Hartmarx Corporation and Subsidiaries (Hartmarx) appeals an order of the circuit court of Cook County affirming a decision by the Illinois Department of Revenue (Department). The Department ruled that sales shipped from Illinois by a member of Hartmarx's unitary business group to purchasers located outside Illinois should be "thrown back" to Illinois for inclusion in the numerator of the taxpayer's combined...

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