GREENWICH HOSPITAL v. GAVIN

(SC 16799).

265 Conn. 511 (2003)

GREENWICH HOSPITAL v. GENE GAVIN, COMMISSIONER OF REVENUE SERVICES

Supreme Court of Connecticut.

Officially released September 2, 2003.


Attorney(s) appearing for the Case

William H. Narwold, with whom were Charles D. Ray and, on the brief, Ingrid L. Moll, for the appellant (plaintiff).

Joan C.G. Grear, assistant attorney general, with whom were Joseph Rubin, associate attorney general, and, on the brief, Richard Blumenthal, attorney general, for the appellee (defendant).

John C. Yavis, Jr., and Everett E. Newton filed a brief for the Connecticut Business and Industry Association, Inc., as amicus curiae.

Norcott, Katz, Palmer, Vertefeuille and Zarella, Js.


Opinion

VERTEFEUILLE, J.

The plaintiff, Greenwich Hospital, appeals from the summary judgment rendered by the trial court in favor of the defendant, Gene Gavin, the commissioner of revenue services. The defendant had denied the plaintiff's request for a refund of a portion of the gross earnings tax it had paid pursuant to General Statutes § 12-263b,1 specifically, the portion paid on charges to patients for tangible...

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