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GRAND VICTORIA CASINO & RESORT, LP v. INDIANA DEPARTMENT OF STATE REVENUE

No. 49T10-0012-TA-125.

789 N.E.2d 1041 (2003)

GRAND VICTORIA CASINO & RESORT, LP, Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

June 16, 2003.

Attorney(s) appearing for the Case

Barton T. Sprunger, Mark J. Richards, Ice Miller, Indianapolis, IN, Attorneys for Petitioner.

Stephen H. Paul, Brent A. Auberry, Baker & Daniels, Indianapolis, IN, Attorneys for Amicus Curiae.

Steve Carter, Attorney General of Indiana, Linda I. Villegas, Ted J. Holaday, Deputy Attorneys General, Indianapolis, IN, Attorneys for Respondent.

FISHER, J.

Grand Victoria Casino & Resort, LP (Grand Victoria) appeals from two final determinations of the Indiana Department of State Revenue (Department), which denied Grand Victoria's claims for refund of Indiana's gross retail and use tax (sales tax) for 1996, 1997, 1998, and 1999 (the years at issue). The case is before the Court on the parties' cross-motions for summary judgment. Grand Victoria's motion for summary judgment raises the following issues:...

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