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BYRD v. HAMER

No. 2-08-1011.

943 N.E.2d 115 (2011)

Jerry H. BYRD and MaryLou E. Byrd, Plaintiffs-Appellants, v. Brian A. HAMER, Director of Revenue, and the Department of Revenue, Defendants-Appellees.

Appellate Court of Illinois, Second District.

January 28, 2011.

Attorney(s) appearing for the Case

Mark A. Byrd , Byrd & Taylor, Rockford, for Jerry H. Byrd and MaryLou E. Byrd.

Lisa Madigan , Attorney General, State of Illinois, Michael A. Scodro , Solicitor General, Richard S. Huszagh , Assistant Attorney General, for Brian A. Hamer, Director, Il. Dept. of Revenue, Illinois Department of Revenue.

OPINION

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

Plaintiffs, Jerry and MaryLou Byrd (Byrds), brought an action for administrative review of the decision of the Illinois Department of Revenue (Department) that the Byrds' gambling winnings for tax years 1999, 2000, 2001, and 2002 are taxable income under Illinois law and that their gambling losses for those years are not deductible under Illinois law. The Byrds contend that the Department...

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