Legal Opinion

Illinois Power Co. v. Johnson

Appellate Court of Illinois

Decided July 12, 1983No. 4-82-0727PublishedCited by 4 opinions

1Opinion of the CourtJustice Mills

Gas Revenue Tax Act interpretation.

What is the definition of “total long term debt” as a component of “invested capital”?

Illinois Power and the Department of Revenue could not agree.

The trial court sided with Revenue.

We hold with Illinois Power.

Ergo, we reverse and remand.

Section 2a. 1 of the Gas Revenue Tax Act (Ill. Rev. Stat. 1981, ch. 120, par. 467.17a.1) imposes a tax on those utilities subject to the Act, “in an amount equal to .8% of [such utility’s] invested capital for the taxable period.” The tax was enacted as one of the replacement taxes for the personal property tax and became…

2Cases cited13 opinions

  1. Andrews v. FoxworthyIllinois Supreme Court · 1978
  2. The People v. HudsonIllinois Supreme Court · 1970
  3. People Ex Rel. Hanrahan v. WhiteIllinois Supreme Court · 1972
  4. Department of Revenue v. Joseph Bublick & Sons, Inc.Illinois Supreme Court · 1977
  5. Krebs v. Board of TrusteesIllinois Supreme Court · 1951

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bd. of Trustees of Police Pension Fund of City of Urbana v. Ill. Human Rights Comm'nAppellate Court of Illinois · 1986
  2. Board of Education of St. Charles Community Unit School District v. AdelmanAppellate Court of Illinois · 1985
  3. Swanson v. Board of EducationAppellate Court of Illinois · 1985
  4. Illinois Power Co. v. JohnsonAppellate Court of Illinois · 1983

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