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MILLER BREWING v. INDIANA DEPT. OF STATE

No. 49S00-0711-TA-553.

903 N.E.2d 64 (2009)

MILLER BREWING CO., Appellant (Petitioner below), v. INDIANA DEPARTMENT OF STATE REVENUE, Appellee (Respondent below).

Supreme Court of Indiana.

March 13, 2009.

Attorney(s) appearing for the Case

Stephen H. Paul, Brent A. Auberry, Indianapolis, IN, Attorneys for Appellant.

Roxanne Bland, Shirley Sicilian, Washington, D.C., Attorneys for Amicus Curiae Multistate Tax Commission.

Gregory F. Zoeller, Attorney General of Indiana, Andrew W. Swain, John D. Snethen, Jessica Reagan, Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellee.

On Petition for Review of Interlocutory Order

SHEPARD, Chief Justice.

The Tax Court ruled in an earlier case addressing the share of Miller Brewing Company's income that is taxable by Indiana. In this case the Tax Court held that its previous ruling did not bar the Department of Revenue from raising new contentions in support of a different method of allocation of income to the state. We affirm.

Facts and Procedural History

Miller Brewing...

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