Wendy's International v. Hamer

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (4th) 110678
Decision Date: 
October 7, 2013
District: 
4th Dist.
Division/County: 
Sangamon Co.
Justice: 
TURNER
Holding: 
Reversed and remanded with directions.
Plaintiff corporation paid notices of deficiencies for corporate income taxes under protest and filed two separation actions against Department of Revenue and State Treasurer. Facts and character of corporation's captive insurance company indicate that it was a valid insurance company, for federal income tax purposes, formed for purpose of providing insurance to corporation and its affiliates, so that it should have been treated in similar fashion for purposes of Illinois Income Tax Act. (POPE and HOLDER WHITE, concurring.)