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ZEBRA TECHNOLOGIES CORP. v. TOPINKA

Nos. 1-01-2861, 1-02-0386.

799 N.E.2d 725 (2003)

344 Ill. App.3d 474

278 Ill.Dec. 860

ZEBRA TECHNOLOGIES CORPORATION, Plaintiff-Appellant and Cross-Appellee, v. Judy Baar TOPINKA, as Treasurer of the State of Illinois, and The Department of Revenue, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied October 23, 2003.

As Modified Upon Denial of Rehearing October 27, 2003.

Attorney(s) appearing for the Case

Lisa A. Hausten, Sidley Austin Brown & Wood, Chicago, for Appellant.

James E. Ryan, Attorney General (Richard S. Huszagh, of counsel), Chicago, for Appellees and Cross-Appellants.

MODIFIED UPON DENIAL OF REHEARING

Presiding Justice O'MALLEY delivered the opinion of the court:

The Illinois Department of Revenue (the Department) conducted an audit of Zebra Technologies' (taxpayer) corporate income tax returns for the years ended 1993, 1994 and 1995 (audit period). The Department included in taxpayer's unitary group subsidiaries that taxpayer previously excluded and treated certain income as business income that had been allocated to...

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