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EXELON CORP. v. ILLINOIS DEPT. OF REVENUE

No. 1-06-3388.

876 N.E.2d 1081 (2007)

EXELON CORPORATION, Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF REVENUE, and Brian A. Hamer, as Director of Revenue, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

September 24, 2007.

Attorney(s) appearing for the Case

Brian L. Browdy, Horwood Marcus & Berk Chtd., Barry Levenstam, Jenner & Block, both of Chicago, for Appellant.

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, Paul Berks, Assistant Attorney General, Chicago, for Appellees.

Justice WOLFSON delivered the opinion of the court:

At issue in this case is whether Commonwealth Edison (ComEd), a wholly-owned subsidiary of Exelon Corporation, as successor to Unicom Corporation, is entitled to a tax credit for investments in "qualified property" on its 1995 and 1996 tax returns pursuant to section 201(e) of the Illinois Income Tax Act (Act) (35 ILCS 5/201(e) (West 1994)). We also are asked to consider whether section 201(e), as applied to gas...

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