Exelon Corp. v. Illinois Department of Revenue

At issue in this case is whether Commonwealth Edison (ComEd), a wholly owned subsidiary of Exelon Corporation, as successor to Uni-com Corporation, is entitled to a tax credit for investments in “qualified property” on its 1995 and 1996 tax returns pursuant to section 201(e) of the Illinois Income Tax Act (Act) (35 ILCS 5/201(e) (West 1994)). We also are asked to consider whether section 201(e), as applied to gas and electric utility providers, violates the uniformity clause of the Illinois Constitution. The Department of Revenue rejected Ex-elon’s claims and we agree.

FACTS

In 1995 and 1996,…