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EXELON CORP. v. DEPARTMENT OF REVENUE

No. 105582.

917 N.E.2d 899 (2009)

234 Ill.2d 266

334 Ill.Dec. 824

EXELON CORPORATION, Appellant, v. The DEPARTMENT OF REVENUE et al., Appellees.

Supreme Court of Illinois.

Modified on Denial of Rehearing July 15, 2009.

Attorney(s) appearing for the Case

Barry Levenstam, Amy K. Trueblood, Amy D. Wills, and April A. Otterberg, of Jenner & Block LLP, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield (Michael A. Scodro, Solicitor General, and Paul Berks, Assistant Attorney General, Chicago, of counsel), for appellees.

OPINION

Justice FREEMAN delivered the judgment of the court, with opinion.

Plaintiff, Exelon Corporation, as successor to Unicom Corporation, filed a complaint in the circuit court of Cook County seeking administrative review of a decision by the Department of Revenue (Department). The Department denied plaintiff's claim for replacement tax investment credits provided by section 201(e) of the Illinois Income Tax Act (35 ILCS 5/201(e) (West 1994)). The circuit...

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