INT'L. HOME FOODS, INC. v. DEP'T. OF TREAS.

Docket Nos. 253748, 253760.

708 N.W.2d 711 (2005)

268 Mich. App. 356

INTERNATIONAL HOME FOODS, INC., Plaintiff-Appellant, v. Court of Claims DEPARTMENT OF TREASURY, Defendant-Appellee. Lenox, INC., Plaintiff-Appellant, v. Court of Claims Department of Treasury, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 4, 2005, at 9:10 a.m.

Released for Publication December 27, 2005.


Attorney(s) appearing for the Case

Honigman, Miller, Schwartz & Cohn, LLP, (by Patrick R. Van Tiflin, June Summers Haas, and Daniel L. Stanley), Lansing, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Glenn R. White, Assistant Attorney General, for the defendant.

Before: KELLY, P.J., and SAWYER and WILDER, JJ.


SAWYER. J.

We are asked in these cases to determine the applicability of this Court's decision in The Gillette Co v. Dep't of Treasury,1 to tax years before the release of that decision in which there was a Revenue Administrative Bulletin (RAB) in place that was favorable to the taxpayer. We hold that defendant may not retroactively apply a court decision favorable to defendant to a tax year before the release of

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