Caveney v. Bower

State: Illinois

Court: 2nd District Appellate

Docket No: 2-99-1427 Rel

Case Date: 03/02/2001

March 2, 2001

No. 2--99--1427

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

JACK and MARGARET CAVENEY,

Plaintiffs-Appellees,

GLEN L. BOWER, Director of the
Department of Revenue; JUDY
BAAR TOPINKA, Treasurer of
the State of Illinois; and
the DEPARTMENT OF
REVENUE,

Defendants-Appellants.

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Appeal from the Circuit Court
of Du Page County.

No. 98--TX--006

Honorable
John W. Darrah,
Judge, Presiding.

JUSTICE McLAREN delivered the opinion of the court:

Defendants, Glen T. Bower, Judy Baar Topinka, and the Illinois Department ofRevenue (collectively, the State), appeal from the trial court's grant of summaryjudgment in favor of plaintiffs, Jack and Margaret Caveney. We affirm.

The Caveneys are shareholders in Panduit Corporation. For the tax years endedDecember 31, 1993, 1994, and 1995, Panduit elected to be treated as a subchapter Scorporation for federal and state income tax purposes. See 26 U.S.C.A.