Follett Corp. v. Illinois Dept. of Revenue

PRESIDING JUSTICE MYERSCOUGH

delivered the opinion of the court:

In October 1999, the Illinois Department of Revenue (Department) assessed plaintiff, Follett Corporation (Follett), a tax deficiency for tax years 1995, 1996, and 1997. The Department concluded that certain out-of-state sales made by plaintiff were subject to the sales “throw-back” rule in the Illinois Income Tax Act (Income Tax Act) (35 ILCS 5/304(a)(3)(B)(ii) (West 2000)) and, therefore, should be considered as Follett’s Illinois sales in determining Follett’s tax liability. Follett paid the tax under protest and filed a…