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TRUMP INDIANA v. DEPT. OF STATE REVENUE

No. 49T10-0201-TA-5.

790 N.E.2d 192 (2003)

TRUMP INDIANA, INC., Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

June 16, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Dible, Michael T. Bindner, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Petitioner.

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

FISHER, J.

Trump Indiana, Inc. (Trump) appeals from the Indiana Department of State Revenue's (Department) proposed assessment for use tax (including penalties and interest) in the amount of approximately $1.8 million for 1996 and 1997 (the years at issue). The case is before the Court on the parties' cross-motions for summary judgment, which raise the following issues:

I. Whether Trump is entitled to the public transportation exemption for its purchase of...

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