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OGDEN CHRYSLER PLYMOUTH, INC. v. BOWER

No. 2-03-0194.

809 N.E.2d 792 (2004)

348 Ill. App.3d 944

284 Ill.Dec. 226

OGDEN CHRYSLER PLYMOUTH, INC., Plaintiff-Appellee and Cross-Appellant, v. Glen L. BOWER, as Director of The Department of Revenue, and The Department of Revenue, Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois, Second District.

May 7, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Diane M. Potts, Assistant Attorney General, Chicago, for Glen L. Bower, Illinois Department of Revenue.

Fred O. Marcus, David A. Hughes, Horwood Marcus & Berke, Chartered, Chicago, for Ogden Chrysler Plymouth, Inc.

Justice CALLUM delivered the opinion of the court:

Following an audit of plaintiff's, Ogden Chrysler Plymouth, Inc.'s (Ogden's), records for the period January 1996 through September 1998, the Department of Revenue (Department) concluded that Odgen's receipt of payments from DaimlerChrysler Motors Corporation (Chrysler) pursuant to Chrysler's Employee/Retiree New Vehicle Purchase/Lease Program (Program) should be included in Ogden's gross receipts and subject to the...

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