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CHIEF INDUSTRIES v. IND. DEPT. OF REVENUE

No. 49T10-9711-TA-193.

792 N.E.2d 972 (2000)

CHIEF INDUSTRIES, INC., Petitioner, v. INDIANA DEPARTMENT OF State REVENUE, Respondent.

Tax Court of Indiana.

Publication Order July 29, 2003.

Attorney(s) appearing for the Case

Annette T. Brogden, Starkey & Brogden, Indianapolis, IN, Jeffrey L. Ungerer, Newbery & Ungerer, Topeka, KS, Attorneys for Petitioner.

Karen M. Freeman-Wilson, Attorney General of Indiana, Vincent S. Mirkov, Deputy Attorney General, Indianapolis, IN, Attorneys for Respondent.

FISHER, J.

Petitioner Chief Industries, Inc. (Chief) appeals the final determination of the Indiana Department of State Revenue (Department) denying Chief's request for a refund of adjusted gross income taxes paid by Chief on certain capital gains income for the tax year ending June 26, 1987 (tax year). In this original tax appeal, Chief claims that these capital gains do not constitute apportionable business income subject to Indiana's adjusted gross income tax....

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