Shared Imaging, LLC v. Hamer

Illinois Appellate Court
Civil Court
Use Tax
Citation
Case Number: 
2017 IL App (1st) 152817
Decision Date: 
Wednesday, June 28, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed in part, reversed in part, and remanded.
Justice: 
Pucinski

(Court opinion corrected 10/10/17.) Plaintiff sought review of the Department of Revenue’s determination that it owed $807,544.00 in back taxes, interest, and penalties under Use Tax Act. Court entered judgment against Plaintiff.  Defendant’s assessment was not unconstitutional, because the Act provides a credit for sales and use taxes paid to other states. Thus, it did not matter whether Plaintiff’s units were only temporarily stored in Illinois. Genuine issue of material fact as to whether Plaintiff paid out-of-state taxes on units. (LAVIN and COBBS, concurring.)