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HOME DEPOT U.S.A. v. IND. DEPT. STATE REV.

No. 49T10-0703-TA-11.

891 N.E.2d 187 (2008)

HOME DEPOT U.S.A., INC., Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

July 28, 2008.

Attorney(s) appearing for the Case

Jeffrey S. Dible, Michael T. Bindner, Robert L. Hartley, Jennifer L. Vanlandingham, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Petitioner.

Steve Carter, Attorney General of Indiana, Jennifer E. Gauger, Deputy Attorney General, Indianapolis, IN, Attorneys for Respondent.

ORDER ON PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT

FISHER, J.

Home Depot U.S.A., Inc. (Home Depot) appeals from the final determination of the Indiana Department of State Revenue (Department) denying it a refund of state gross retail tax (sales tax) paid between February 1, 1999 and July 31, 2003 (the period at issue). The matter is currently before the Court on the parties' cross-motions for summary judgment. The issue for the Court to decide is whether...

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