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HERCULES, INC. v. DEPARTMENT OF REVENUE

No. 1-02-1459.

807 N.E.2d 993 (2004)

347 Ill. App.3d 657

283 Ill.Dec. 152

HERCULES, INCORPORATED, Plaintiff-Appellant, v. The DEPARTMENT OF REVENUE OF THE STATE OF ILLINOIS, and Kenneth E. Zehnder, Director of the Illinois Department of Revenue, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

March 26, 2004.

Attorney(s) appearing for the Case

Foley & Lardner, Chicago (Fred M. Ackerson and Andrew L. Reisman, of counsel), for Appellant.

Lisa Madigan, Attorney General, Chicago (Brian F. Barov, of counsel), for Appellees.

Presiding Justice FROSSARD delivered the opinion of the court:

Plaintiff Hercules, Inc., filed a two-count second amended complaint for administrative review against defendants the Illinois Department of Revenue and Kenneth Zehnder, the Department's director, after the Department found plaintiff owed taxes on a $1.3 billion capital gain it earned in 1987. Count I of the complaint sought reversal of the Department's finding of deficiency, and count II sought attorney...

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