WASTE MANAGEMENT OF IND. LLC v. IND. DEPT. OF STATE REVENUE

Nos. 49T10-0006-TA-77, 49T10-0010-TA-109.

764 N.E.2d 318 (2002)

WASTE MANAGEMENT OF INDIANA, LLC formerly d/b/a Waste Management of Indiana, Inc., Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

February 21, 2002.


Attorney(s) appearing for the Case

Francina A. Dlouhy, Baker & Daniels, Indianapolis, IN, Fred O. Marcus, Marilyn

A. Wethekam, Horwood Marcus & Berk, Chicago, IL, Attorneys for Petitioner.

Steve Carter, Attorney General of Indiana, David A. Arthur, Deputy Attorney General, Indianapolis, IN, Attorneys for Respondent.


FISHER, J.

Waste Management of Indiana, LLC (Waste Management), formerly doing business as Waste Management of Indiana, Inc., appeals the Indiana Department of State Revenue's (Department) denial of Waste Management's request for a refund of $369,598.68 plus interest of the Indiana motor carrier fuel tax and motor carrier surcharge tax (collectively the MCFT) for five quarters from April 1, 1998 to June 30, 1999. The parties raise the issue of whether the Department...

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