E & E HAULING, INC. v. RYAN

No. 1-97-3174.

713 N.E.2d 178 (1999)

306 Ill. App.3d 131

238 Ill.Dec. 932

E & E HAULING, INC., Plaintiff-Appellant, v. George H. RYAN, as Secretary of State, and Judy Barr Topinka, as the State Treasurer, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

June 17, 1999.


Attorney(s) appearing for the Case

Bruce J. Van Heukelem, Hoogendoorn, Talbot, Davids, Godfrey & Milligan, Chicago, for plaintiff-appellant.

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General (Deborah L. Ahlstrand, Assistant Attorney General, of counsel), Chicago, for defendants-appellees.


Justice HALL delivered the opinion of the court:

This case involves a tax protest action in which the plaintiff, E & E Hauling, Inc. (E & E), challenges the Illinois Secretary of State's (Secretary) assessment of approximately $512,000 in franchise taxes, license fees, and penalties. Such taxes and fees are calculated on the basis of a corporation's paid-in capital. Following a stock sale transaction between E & E's former sole shareholder and its acquiring...

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