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ARMOUR PHARMACEUTICAL CO. v. DEPT. OF REVENUE

No. 1-99-0889.

748 N.E.2d 265 (2001)

321 Ill. App.3d 662

254 Ill.Dec. 819

ARMOUR PHARMACEUTICAL COMPANY, Plaintiff-Appellee and Cross-Appellant, v. The DEPARTMENT OF REVENUE and Kenneth Zehnder, Director of the Department of Revenue, Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

April 13, 2001.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Chicago (Joel D. Bertocchi, Solicitor General, Darryl B. Simko, Assistant Attorney General, of counsel), for Appellant.

Horwood Marcus & Berk, Chtd., Chicago (Fred O. Marcus, Jordan M. Goodman, Brian L. Browdy, of counsel), for Appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

The Illinois Department of Revenue (the Department) appeals an order of the circuit court reversing the Department's finding that alcohol used by Armour Pharmaceutical Company (Armour) in making certain pharmaceutical products is subject to a use tax. Armour cross-appeals the portion of the order of the circuit court affirming the Department's finding that Armour utilized an unauthorized method of computing...

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