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AWHR v. DEPT. OF STATE REVENUE

No. 49T10-0710-TA-50.

941 N.E.2d 573 (2010)

AWHR AMERICA'S WATER HEATER RENTALS, LLC, Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

Publication Ordered December 2, 2010.

Attorney(s) appearing for the Case

Mark J. Richards , Ice Miller LLP, Indianapolis, IN, Attorney for Petitioner.

Gregory F. Zoeller , Attorney General, of Indiana, Andrew W. Swain , Chief Counsel, Tax Section, Jessica E. Reagan , Nancy M. Hauptman , Deputy Attorneys General, Indianapolis, IN, Attorneys for Respondent.

FISHER, J.

AWHR America's Water Heater Rentals, LLC (AWHR) challenges the Department of State Revenue's (Department) assessment of Indiana gross retail tax (sales tax) for the years ending December 31, 2003, December 31, 2004, and December 31, 2005 (the years at issue). The matter is currently before the Court on the parties' cross-motions for summary judgment.

FACTS AND PROCEDURAL HISTORY

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