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KMART MICH. PROP. v. DEP'T OF TREASURY

Docket No. 282058.

770 N.W.2d 915 (2009)

283 Mich. App. 647

KMART MICHIGAN PROPERTY SERVICES, LLC v. DEPARTMENT OF TREASURY.

Court of Appeals of Michigan.

Decided May 12, 2009, at 9:05 a.m.

Attorney(s) appearing for the Case

Miller, Canfield, Paddock and Stone, P.L.C. (by Samuel J. McKim, III, Joanne B. Faycurry, and Loren M. Opper), Detroit, for the petitioner.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Bruce C. Johnson, Assistant Attorney General, for the respondent.

Before: BANDSTRA, P.J., and WHITBECK and SHAPIRO, JJ.

PER CURIAM.

Respondent, Department of Treasury (the Department), appeals as of right from the order of the Michigan Tax Tribunal granting petitioner Kmart Michigan Property Services, LLC (KMPS), summary disposition. We affirm.

I. SUMMARY OF FACTS AND PROCEEDINGS

KMPS was a limited liability company (LLC) formed in Michigan and wholly owned by its single member, Kmart Corporation (Kmart). During the period at issue, KMPS had three employees and was...

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