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ESTATE OF KRAKOW v. DEPT. OF REVENUE

No. 80-445.

92 Ill. App.3d 844 (1981)

416 N.E.2d 362

ESTATE OF ALBERT KRAKOW, Deceased, Plaintiff-Appellee, v. THE DEPARTMENT OF REVENUE, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied February 23, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Imelda R. Terrazino, Assistant Attorney General, of counsel), for appellant.

Richard J. Short, of Chicago, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE GOLDBERG delivered the opinion of the court:

The Illinois Department of Revenue (Department) filed two tax claims in the estate of Albert Krakow, deceased (decedent). The probate division granted summary judgment in favor of the executors denying these claims. The Department appeals.

Prior to his death on December 13, 1977, decedent had been the sole proprietor of a business known as "1000 Liquors." On January...

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