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PT 06-14 Tax Type: Issue: Property Tax Charitable Ownership/Use STATE OF ILLINOIS DEPARTMENT OF REVENUE OFFICE OF ADMINISTRATIVE HEARINGS CHICAGO, ILLINOIS TIMOTHY CHRISTIAN SCHOOLS, Applicant v.
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Appellant; Robert A. Balsam, Attorney General's Office, appeared for the State of Illinois; and Patrick J. O'Connell, Assistant Attorney General appeared for the Department of Revenue. Appearances: Andrew M. Edelman and Brian H. Logan, representing the Department of Revenue, appeared for the State. The court received additional evidence at this hearing that the school that owned that box was not registered to pay the tax and that the Department of Revenue had never collected for that box. There was also evidence that the Department of Revenue was aware that there were a host of boxes the school could have used to avoid paying the tax. For those reasons, the court denies the motions. Judgment stayed. Defendant's Notice Of Petition For Post-Hearing Relief TO BE FILED: John E. White, Administrative Law Judge: February 2, 2005. For Court's consideration the following brief motion to reconsider the court's entry of a final judgment suspending the collection of property tax owed, filed by the Illinois Department of Revenue and supported by the state's argument that the state is not obligated to collect the taxes due pursuant to the Internal Revenue Code pursuant to federal law: The Department of Revenue is notified that this court entered a final judgment dated June 12, 2003, suspending the collection of property tax owed pursuant to the Illinois Property Tax Ordinance, Section 6-1.01 et seq. The State shall bring an action in the court of appeals to determine whether this court has jurisdiction over the property tax due pursuant to the aforesaid property tax ordinance. Docket No. 95-02-0006 (1) The Department of Revenue, Illinois' governing body for the collection of property tax, was served with plaintiff's notice of motion for post-hearing review in the circuit court in lieu of a jury trial and request for a jury trial. Plaintiff filed its brief in response to the notice of motion for post-hearing review. Plaintiff argues that the hearing shall be held to determine whether a jury trial is appropriate to determine the tax ability of the tax that is due under the property tax ordinance. Plaintiff argues that the court has failed to apply the appropriate standard for determining whether a jury trial is appropriate. Plaintiff argues that the court, in entering an order suspending collection, failed to apply the appropriate standard for determining whether a jury trial is appropriate. Plaintiff argues that such a trial, in and of itself, is improper.

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