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KOHL'S DEPT. STORES, INC. v. DEPT. OF STATE REV.

No. 49T10-0209-TA-110.

822 N.E.2d 297 (2005)

KOHL'S DEPARTMENT STORES, INC., Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

February 9, 2005.

Attorney(s) appearing for the Case

Francina A. Dlouhy, Christopher A. Ruhl, Baker & Daniels, Indianapolis, IN, Paul H. Frankel, Craig B. Fields, Roberta Moseley Nero, Morrison & Foerster LLP, New York, NY, Attorney for Petitioner.

Steve Carter, Attorney General of Indiana, Robert B. Wente, Deputy Attorney General, Indianapolis, IN, Attorney for Respondent.

ORDER ON PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT

FISHER, J.

Kohl's Department Stores, Inc. (Kohl's) appeals the Indiana Department of State Revenue's (Department) denial of its claims for refund of income tax paid during the tax years ending February 1, 1997, January 31, 1998, and January 30, 1999 (the years at issue). The matter is currently before the Court on the parties' cross-motions for summary judgment. The sole issue for the Court to decide is...

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