Smith Oil & Refining Co. v. Department of Finance

This is a direct appeal from a judgment

of the circuit court of Winnebago county setting aside an occupation tax assessment made by the Department of Finance against appellee, the Smith Oil and Refining Company.

Appellee, in the course of its business of wholesale and retail jobber, sold core oil to foundries for making cores in the forms of moulding iron. The sole question for us to determine is whether such sales were “for use and consumption and n'ot for resale in any form as tangible personal property,” as provided in section 1 of the Retailers’ Occupation Tax act. (Ill. Rev. Stat. 1937,…