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Tick Bros. v. Department of Revenue

OPINION FILED SEPTEMBER 13, 1983.

TICK BROTHERS, INC., PLAINTIFF-APPELLEE,

v.

THE DEPARTMENT OF REVENUE ET AL., DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Sangamon County; the Hon. Richard J. Cadagin, Judge, presiding.

JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

Rehearing denied November 14, 1983.

Use tax.

Administrative Review.

The Illinois Department of Revenue determined that Tick Brothers, Inc. (a Kentucky corporation whose business is steel distribution), owed a use tax assessment of $28,632.32.

Tick Brothers sought administrative review and the procedural chronology appears from the record to be as follows:

Aug. 27, 1982 Complaint filed, summons issued.

Sep. 9, 1982 Department filed entry of appearance.

Sep. 27, 1982 Tick Brothers appeal bond in the amount of $28,632.32 was presented, approved by the court, and filed.

Oct. 13, 1982 Department filed "Motion to Strike Bond, Dismiss Complaint and to Enter Judgment in Favor of Defendants."

Oct. 29, 1982 Tick Brothers filed "Motion to Strike Defendants' Motion to Strike Bond, Dismiss Complaint, and for Judgment."

Nov. 10, 1982 Tick Brothers filed memorandum of law in support of their motion.

Nov. 15, 1982 Department filed memorandum of law in support of its motion.

Dec. 14, 1982 The court's docket entry: "Plaintiff's motion to strike defendants' pleading of October 13, 1982, denied. Defendants' motion to strike bond dismissed complaint denied. Rule on defendant to file answer within 30 ...


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