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FRESENIUS USA v. DEPT. OF STATE REVENUE

No. 49T10-1008-TA-45.

970 N.E.2d 801 (2012)

FRESENIUS USA MARKETING, INC., Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

June 1, 2012.

Attorney(s) appearing for the Case

Francina A. Dlouhy , J. Daniel Ogren , Fenton D. Strickland , Faegre Baker Daniels LLP, Indianapolis, IN, Attorneys for Petitioner.

Gregory F. Zoeller , Indiana Attorney General, John D. Snethen , Deputy Attorney General, Indianapolis, IN, Attorneys for Respondent.

ORDER ON RESPONDENT'S MOTION TO DISMISS

WENTWORTH, J.

Fresenius USA Marketing, Inc. has appealed the Indiana Department of State Revenue's final determination denying its claim for refund of gross retail (sales) and use tax collected on its sales of dialysis equipment and remitted to the Department between January 1, 2004 and October 31, 2007 (the period at issue). The matter is currently before the Court on the Department's motion to dismiss, which the...

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