Hercules, Inc. v. Department of Revenue

PRESIDING JUSTICE O’MARA FROSSARD

delivered the opinion of the court:

Plaintiff Hercules, Inc., filed a two-count second amended complaint for administrative review against defendants the Illinois Department of Revenue and Kenneth Zehnder, the Department’s director, after the Department found plaintiff owed taxes on a $1.3 billion capital gain it earned in 1987. Count I of the complaint sought reversal of the Department’s finding of deficiency, and count II sought attorney fees under section 7 of the Taxpayers’ Bill of Rights Act (Act) (20 ILCS 2520/7 (West 2000)). The circuit court entered an…