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ALLY FINANCIAL INC. v. STATE TREASURER

Nos. 154668, 154669, 154670.

918 N.W.2d 662 (2018)

502 Mich. 484

ALLY FINANCIAL INC., Plaintiff-Appellee, v. STATE TREASURER, State of Michigan, and Department of Treasury, Defendants-Appellants. Santander Consumer USA Inc., Plaintiff-Appellant, v. State Treasurer, State of Michigan, and Department of Treasury, Defendants-Appellees. Santander Consumer USA Inc., Plaintiff-Appellant, v. State Treasurer, State of Michigan, and Department of Treasury, Defendants-Appellees.

Supreme Court of Michigan.

FILED July 20, 2018.

Attorney(s) appearing for the Case

Bodman LLP, Detroit (by Joseph J. Shannon ) and Akerman LLP (by Michael Bowen ) for plaintiffs.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Laura Moody , Chief Legal Counsel, and Jessica A. McGivney and Emily C. Zillgitt , Assistant Attorneys General, for defendants.

BEFORE THE ENTIRE BENCH.

OPINION

Plaintiffs are financing companies that seek tax refunds under Michigan's bad-debt statute, MCL 205.54i, for taxes paid on vehicles financed through installment contracts. Defendant Department of Treasury (the Department) denied the refund claims on three grounds: (1) MCL 205.54i excludes debts associated with repossessed...

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