Legal Opinion · Concurring in part, dissenting in part

Sprague v. Johnson

Appellate Court of Illinois

Decided March 30, 1990No. 4-89-0423Published

1Concurring in part, dissenting in partJustice Lund

The computation and assessment of liability by the Department for the retailers’ tax and use tax, taken from various records of those participating in sales, results in a prima facie case against the taxpayer. (Masini v. Department of Revenue (1978), 60 Ill. App. 3d 11, 14, 376 N.E.2d 324, 327.) Taxpayers cannot overcome the prima facie case by oral testimony. Adequate record keeping is necessary. (Copilevitz v. Department of Revenue (1968), 41 Ill. 2d 154, 156, 242 N.E.2d 205, 207.) The taxpayer’s argument that the prima facie rule should not apply to him because he is a hauler, not a…

2Cases cited13 opinions

  1. Klein Town Builders, Inc. v. Department of RevenueIllinois Supreme Court · 1966
  2. United Air Lines, Inc. v. JohnsonIllinois Supreme Court · 1981
  3. Copilevitz v. Department of RevenueIllinois Supreme Court · 1968
  4. Quincy Trading Post, Inc. v. Department of RevenueAppellate Court of Illinois · 1973
  5. Masini v. Department of RevenueAppellate Court of Illinois · 1978

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